Wrongful termination cases are inherently complex, usually because employers defend these claims so vigorously. Public policy termination matters are even more complex, mostly because “public policy” is a rather vague phrase. Generally, if you were fired for standing up for your legal rights, refusing to engage in unlawful conduct, fulfilling a civic duty, or any action against established social policies, you may have a wrongful termination claim under New Jersey law.
Experienced wrongful termination lawyers in Paterson, NJ, from HKM help employees pursue justice when employers cross legal boundaries. Understanding your rights is the first step toward protecting your career and financial stability. Located in Passaic County, Paterson employees are protected by strong workplace laws under the State of New Jersey. While New Jersey follows at-will employment rules, employers cannot terminate workers for reasons that violate established public policy.
What is Wrongful Termination in Violation of Public Policy?
Since New Jersey is an “at-will” employment state, employers can terminate employees for almost any reason. However, there are important exceptions.
A wrongful termination violation of public policy is any firing for reasons that conflict with laws, legal protections, or established societal principles. In simple terms, your employer cannot fire you for doing something the law encourages, or for refusing to do something the law prohibits.
In New Jersey, public policy wrongful termination claims often arise when employees take protected action, such as:
- Reporting illegal activity,
- Refusing to participate in unlawful conduct,
- Filing workers’ compensation claims,
- Serving on a jury,
- Taking protected medical leave, or
- Complaining about workplace safety violations.
If your firing contradicts state or federal law, our team should at least review your situation to determine if you have a legal claim.
Examples of Public Policy Violations in Paterson, NJ
Since almost anything could be against “public policy,” at least from one perspective or another, most courts limit such wrongful termination claims to situations like:
- Retaliation for Reporting Illegal Activity: New Jersey laws strongly protect employees who report fraud, wage violations, discrimination, or safety hazards. Terminating someone for whistleblowing, if the employee had a reasonable belief the misconduct claim was true, may violate public policy.
- Refusing to Break the Law: If your employer asked you to falsify documents, misreport financial information, ignore safety standards, or engage in illegal conduct, you refused to do so, and explained the reason for your stance, termination based on that refusal may be unlawful. Courts consistently recognize that employees cannot be punished for refusing to commit illegal acts.
- Filing a Workers’ Compensation Claim: Employees injured on the job or disabled due to an occupational disease have an absolute legal right to file for workers’ compensation benefits. Firing someone for filing a claim, considering filing, or encouraging someone else to file may violate New Jersey public policy.
- Taking Protected Leave: Employees who take leave under the Family and Medical Leave Act (FMLA) are legally protected. Retaliation or termination for exercising that right may constitute wrongful termination.
- Serving Jury Duty: Employers cannot terminate employees for fulfilling their civic obligation to serve on a jury, even if the trial or grand jury service requirement lasts weeks or even months.
Several laws support public policy wrongful termination claims, including the New Jersey Conscientious Employee Protection Act (CEPA), Family and Medical Leave Act (FMLA), workers’ compensation statutes, anti-discrimination laws, and occupational safety laws
In some cases, employees may also file complaints with agencies such as the New Jersey Department of Labor and Workforce Development or the Equal Employment Opportunity Commission, depending on the nature of the violation.
How to Prove a Public Policy Wrongful Termination Claim
The claimant has the burden of proof in administrative or judicial proceedings. To succeed in a violation of public policy case, you typically must show:
- You engaged in protected activity (such as reporting misconduct),
- Your employer knew about your protected activity,
- You were terminated or suffered adverse employment action, and
- There is a connection between your protected conduct and the termination.
Proof must be by a preponderance of the evidence, or more likely than not. But that is just the minimum. Employers often argue that termination was based on performance issues or restructuring. A skilled employment lawyer gathers evidence that meets both the burden of proof and the burden of persuasion.
Evidence in a wrongful termination due to a public policy violation usually includes written complaints or emails, text messages from supervisors, witness statements, performance reviews, HR records, company policies, and employee disciplinary history.
Always retain copies of communications and document incidents to preserve key details for further review.
Compensation Available in Public Policy Termination Cases
Because this matter is so serious, substantial compensation is usually available in a wrongful termination for a public policy claim. If your case is successful, you may recover compensation such as:
- Back pay (lost wages and benefits),
- Front pay (future income),
- Emotional distress damages,
- Punitive damages,
- Attorneys’ fees,
- Court costs, and
- Job reinstatement.
In addition to financial compensation, CEPA and other cases usually include consent decrees that force employers to respect their employees’ rights.
Steps to Take After Being Fired
Attorneys advocate for victims and obtain settlements. But victims also have the power to help themselves. If you believe your termination violated public policy:
- Request a written explanation for your termination,
- Save all communications related to your complaint or protected activity,
- Gather employment contracts or handbooks,
- Avoid discussing your case publicly, and
- Contact a wrongful termination attorney immediately.
Taking swift action can help protect your rights and strengthen your case, putting a Paterson, NJ, attorney wrongful termination against public policy in the driver’s seat during settlement negotiations.
Frequently Asked Questions
What is the public policy exception?
While at-will employment allows firing for almost any reason, the public policy exception prevents employers from terminating workers for exercising legal rights or fulfilling social obligations.
How does a lawyer prove wrongful termination?
Employees must demonstrate a causal link between the protected action (e.g., filing a complaint) and the termination.
What can I recover?
If successful, you may recover lost wages, benefits, attorney fees, and sometimes punitive damages.
What should I do?
Document everything, file a claim with HR if possible, and above all, speak with an employment lawyer in Paterson, NJ.
Work With Thorough Passaic County Lawyer
Courts and administrative agencies must balance the interests of employers and employees in many cases. For a confidential consultation with an experienced wrongful termination public policy lawyer in Paterson, contact HKM Employment Attorneys LLP. The sooner you reach out to us, the sooner we start working for you.