Badge - Rated by Super Lawyers Victor A. Rotolo
Badge - Rated by Super Lawyers Anthony P. Kearns third
Badge - Million Dollar Advocates Forum
Badge - Multi Million Dollar Advocates Forums
Badge - New Jersey Supreme Court Certified Attorney
Badge - New Jersey's Best Lawyers For Families 2018
Badge - AV Preeminent Victor A. Rotolo 2024
Badge - Client Champion Gold 2024
Badge - Hunterdon County Chamber of Commerce
Badge - Top 100 The National Trial Lawyers
Please click Award & Selection Criteria & Methodology for information regarding the specific criteria used for selection of each of the above awards.

Wrongful Termination

New Jersey is an “at will” employment state. Simply stated, this means that employees have the right to resign from a job for any reason and employers have the right to terminate employees for any reason, provided those reasons do not violate rights protected under State or federal law.

This being said, incidents of wrongful termination may occur under certain circumstances. For instance, a termination because of race, creed, gender, disability or other discriminatory reason would be considered “wrongful.” Other examples of wrongful termination include breach of contract or implied contract, defamation of character or “constructive discharge,” meaning an employer allowed changes to working conditions that could cause a reasonable person to resign.

Employees that believe they were wrongfully terminated have two recourses: they can file a claim through the appropriate State agency or file a private lawsuit. The remedies that can be pursued vary according to State laws, the specific violation and the degree of that violation. The remedies include, but are not limited to, punitive damages, lost wages, compensatory damages, reinstatement of position and benefits, court costs and attorney’s fees.

Employers found to be guilty of a wrongful termination are subject to penalties under federal law. Additionally, some states, including New Jersey, impose penalties not covered by federal law. In New Jersey terminations that result from jury duty, whistleblower activities or garnishment of wages are considered wrongful and carry additional penalties that range from fines to jail time.

Because New Jersey is an “at will” employment state, you may need to utilize the services of an experienced attorney. If you believe you have been wrongfully terminated, contact Kearns Rotolo Law for advice. Protect your rights. Call Kearns Rotolo Law today.

What Our Clients are Saying

I was very proud to be represented by Tony and felt secure at a time I needed a compass to head out of a difficult bind. Confidence in your counsel and a sense of security in understanding how best to proceed are important reasons to consider Anthony Kearns and his team of outstanding lawyers.

- Lynn

Tony was excellent! He was knowledgeable, responsive and on-time. His experience as a County Prosecutor definitely helped our case as he knows how the legal system works and how to navigate. I highly recommend Tony and his office.

- Matt

Thankfully I found Kearns Rotolo Law and I had a wonderful experience working with Charles Rifici on a difficult divorce/child custody issue. I am so grateful for all the work and guidance he provided. He always took his time and diligently went through all my options with me so I could make the decisions that benefitted my family and I. I will be forever thankful for the top notch services he provided.

- Cinthya

In March of 2022 I contacted Kearns Rotolo Law Firm with an urgent problem, Mr. Kearns and Mr. Rotolo contacted me immediately to give me hope as to rectify my problem. The end result was Mr Kearns was able to solve my issue through extreme professionalism, I am very grateful I found Kearns Rotolo Law firm and I would recommend their law firm to anyone that has a less extreme problem or a more complex problem, I am very grateful for their services.

- Bill

I met with Mr. Kearns yesterday about a devastating situation affecting our family. Mr. Kearns and his entire staff made us feel extremely comfortable and showed our family a compassionate side that gave us comfort in the most uncomfortable of situations. Thank you very much. God Bless.

- Christian