Losing a job is often one of the most stressful experiences a person can endure. For many workers in Newark, Trenton, and throughout the Tri-State area, the sudden loss of a paycheck and professional identity is compounded by a profound sense of injustice. You may feel that your manager was biased, that the decision was based on a misunderstanding, or that the reason given for your firing was simply not true. In these moments, the term unfair is one that most frequently comes to mind.
In the legal arena of New Jersey employment law, there is a critical distinction between a termination that is unfair and one that is wrongful. While every wrongful termination is undoubtedly unfair, not every unfair firing is illegal. Identifying where your situation falls within the framework used by a New Jersey wrongful termination lawyer is essential for any employee who believes they have been victimized. At Zazzali, P.C., we have spent decades helping workers navigate these complexities, and we believe that knowledge is the first step toward workplace justice.
The Baseline: Understanding At-Will Employment in New Jersey
To understand your rights, you must first understand the default rule that governs most employment relationships in our state. New Jersey is an at-will employment state. This means that, in the absence of a specific contract or statutory protection, an employer can fire an employee at any time, for any reason, or even for no reason at all.
This doctrine also applies to you as an employee: you have the right to quit your job whenever you choose, without providing a reason. While this flexibility can be beneficial, it creates a significant power imbalance. Under the at-will rule, an employer can legally fire you because they do not like your personality, because they want to hire a friend instead, or because they are simply having a bad day. These reasons are certainly unfair, but under the strict at-will doctrine, they are not inherently illegal.
Our work at Zazzali, P.C. often begins where this doctrine ends. Over the years, New Jersey courts and the state legislature have carved out powerful exceptions to the at-will rule. These exceptions are designed to protect employees from the most egregious abuses of power. If you find yourself in a situation where you believe these protections have been ignored, consulting with a Newark wrongful termination lawyer can help you determine if your employer’s actions crossed the line from unfair to illegal.
When Firing Becomes Illegal: The Law Against Discrimination
The most well-known exception to the at-will doctrine is the New Jersey Law Against Discrimination, or NJLAD. This is one of the strongest anti-discrimination laws in the United States. Under the NJLAD, it is illegal for an employer to terminate you based on your protected characteristics. These include:
- Race or color
- Religion or creed
- National origin or nationality
- Age
- Sex, gender identity, or expression
- Sexual orientation
- Pregnancy or breastfeeding
- Disability (physical or mental)
- Marital, civil union, or domestic partnership status
If your employer fires you because you belong to one of these groups, the at-will defense no longer applies. In these cases, the termination is wrongful because it violates a specific statutory protection. We often see cases where an employer uses a neutral reason to hide a discriminatory motive. In fact, as of December 2025, New Jersey has adopted landmark rules that make it easier to challenge 'disparate impact' discrimination, where a seemingly neutral policy unfairly harms a specific protected group. Proving that the stated reason was a pretext for discrimination is a core part of the litigation we handle.
The Shield for Whistleblowers: The Conscientious Employee Protection Act
Another primary exception to the at-will rule is the Conscientious Employee Protection Act, or CEPA. Often referred to as the Whistleblower Act, this law protects employees who speak up about illegal or unethical activities in the workplace.
In New Jersey, your employer cannot legally fire you in retaliation for:
- Disclosing or threatening to disclose an activity, policy, or practice that you reasonably believe is in violation of a law, a rule, or a regulation.
- Providing information to or testifying before a public body conducting an investigation into the employer.
- Objecting to or refusing to participate in any activity that you reasonably believe is incompatible with a clear mandate of public policy concerning the public health, safety, or welfare.
CEPA is designed to ensure that workers do not have to choose between their livelihoods and their integrity. This protection was further strengthened in December 2025 with new prohibitions against “captive audience” meetings, ensuring your employer cannot force you to attend meetings aimed at intimidating you out of supporting a labor union or expressing political views.
If you were fired because you reported financial fraud, safety violations, or other illegal conduct, your termination may be a violation of CEPA, regardless of your at-will status.
The Pierce Claim: Violations of Public Policy
Even if your situation does not fall neatly into a specific statute like the NJLAD or CEPA, you may still have a claim for wrongful termination under New Jersey common law. These are known as Pierce claims, named after the landmark New Jersey Supreme Court case Pierce v. Ortho Pharmaceutical Corp.
A Pierce claim allows an at-will employee to sue for wrongful discharge if the termination violates a clear mandate of public policy. This policy can be found in the state constitution, statutes, administrative rules, or even professional codes of ethics.
Common examples of Pierce claims include being fired for:
- Refusing to commit a crime at your employer's request.
- Filing a workers' compensation claim after an injury.
- Performing a public duty, such as serving on a jury.
- Exercising a legal right, such as the right to vote.
These protections exist because our legal system recognizes that certain public interests are more important than an employer's right to fire at-will employees.
The Employee Handbook Exception: Implied Contracts
Sometimes, an employer inadvertently limits their own at-will power through their company policies. In the case of Woolley v. Hoffmann-La Roche, Inc., the New Jersey Supreme Court ruled that an employee handbook can create an implied contract that overrides the at-will status.
If your employee handbook promises that workers will only be fired for just cause or outlines a specific progressive discipline process, such as a verbal warning followed by a written warning, the employer may be legally required to follow those steps. If they skip these procedures and fire you immediately without a valid reason, they may have breached an implied contract. Working with an employee discipline attorney in Newark, NJ provides the necessary insight to evaluate whether your employer’s failure to follow their own internal protocols constitutes a viable legal claim.
That said, employers are aware of this risk and often include prominent disclaimers in their handbooks stating that the manual does not create a contract and that employment remains at-will. Whether a handbook creates a binding promise is a nuanced legal question that depends on the specific language used and how the handbook was distributed.
Just Cause: Why Public Sector and Union Workers Are Different
One of the most important things we clarify for our clients is that not everyone in New Jersey is an at-will employee. Many workers enjoy a higher standard of protection known as just cause. This means the employer must prove they have a legitimate, documented reason for the termination.
Union Members and Collective Bargaining Agreements
If you are a member of a labor union, your employment is likely governed by a Collective Bargaining Agreement (CBA). These contracts almost always include a just cause provision and a formal grievance procedure. If your employer wants to fire you, they must follow the steps outlined in the contract, and you have the right to union representation throughout the process.
Tenured Teachers and Education Professionals
New Jersey has robust protections for tenured educators. Under the TEACHNJ Act, a tenured teacher cannot be dismissed except for specific reasons, such as inefficiency, incapacity, or unbecoming conduct. The process for removing a tenured teacher is rigorous and involves a formal hearing before an arbitrator.
Civil Service Employees
Many public sector employees at the state, county, and municipal levels are protected by Civil Service laws. These workers also have just cause protections and can appeal disciplinary actions and terminations to the New Jersey Civil Service Commission.
At Zazzali, P.C., we have a long history of representing the NJEA and various labor unions. We understand that for these workers, the at-will rules do not apply, and the fight for workplace justice involves a completely different set of legal tools.
Unfair vs. Wrongful: How to Tell the Difference
Because unfairness is subjective and wrongfulness is legal, it can be difficult to know where your case stands. Here are a few ways to help distinguish between the two:
- Unfair Treatment: Your boss is micromanaging you, giving you the worst shifts, or taking credit for your work. They fire you because they find you difficult to work with. While this is unpleasant and unprofessional, it is generally legal under the at-will doctrine unless it is motivated by discrimination or retaliation.
- Wrongful Termination: You have a long history of excellent performance reviews, but you are suddenly fired after you announce you are pregnant. Or, you are fired shortly after reporting that your supervisor is mishandling government funds. These are cases where the law steps in to provide a remedy.
The key to a wrongful termination claim is identifying the illegal motive. Our role as your attorneys is to look past the official reason given for your firing and find the evidence that points to the true, unlawful cause.
How to Protect Yourself: Steps for the Employee
If you believe you are being targeted or that a termination is imminent, there are steps you can take to protect your rights:
- Keep a Record: Document every interaction that feels discriminatory or retaliatory. Use a personal diary or a non-work email to record dates, times, locations, and exactly what was said.
- Save Documents: Keep copies of your performance reviews, commendations, and any emails that support your version of events. Do not rely on being able to access your work computer after you are fired.
- Review the Handbook: Look at your company’s policies on discipline and termination to see if they were followed.
- Speak with Witnesses: If coworkers witnessed unfair treatment or heard discriminatory remarks, their testimony could be invaluable.
- Seek Legal Counsel Early: You do not have to wait until you are fired to speak with an attorney. In fact, getting legal advice early can sometimes help you navigate a hostile work environment or even prevent a wrongful termination.
The Zazzali, P.C. Approach to Workplace Justice
With over 200 years of combined experience, our team has been a voice for the working people of New Jersey. We understand that a job is more than just a paycheck; it is the foundation of your family's security and your own peace of mind. When that foundation is threatened by an employer's unlawful actions, we are prepared to stand by your side.
Whether you are a private sector worker facing discrimination, a public employee fighting for your pension, or a teacher facing unfair tenure charges, our team has the experience to hold employers accountable. We do not just look at the law; we look at the person. We take the time to hear your story, understand your goals, and build a strategy that fits your unique situation.
The at-will doctrine gives employers a lot of power, but it is not a license to break the law. If you feel that your at-will termination was actually a wrongful one, we are here to help you uncover the truth.
Contact Zazzali, P.C. Today for a Consultation About Your Case
Workplace justice begins with an advocate who understands the high stakes of your situation. If you believe your rights were violated, we are ready to listen to your story and help you pursue the accountability you deserve. Our team brings decades of courtroom experience to every case, ensuring that workers in Newark and across the Tri-State area receive the sophisticated representation required to challenge powerful employers.
You do not have to navigate the aftermath of an unlawful discharge alone. We offer free consultations and are available to discuss your case at your earliest convenience. Whether you are facing a dispute in the private sector or require specialized counsel for public employment and union matters, we provide the strategic advocacy needed to secure a favorable outcome.
Contact Zazzali, P.C. today by calling our Newark office at 973-354-5289 or by filling out our contact form to schedule your free consultation. We are committed to protecting your interests and fighting for the justice you are owed.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.