Wrongful Termination in New Jersey
Reviewed by DocDraft Legal Team - New Jersey - Last updated November 12, 2026
Wrongful termination in New Jersey means a firing that breaks a statute, such as the Law Against Discrimination, or a contract. A complaint with the New Jersey Division on Civil Rights must be filed within 180 days after the alleged act of discrimination, and the law's definition of employer includes all persons unless otherwise specifically exempt, with no minimum number of employees in that definition. The Division's notice to the complainant includes the right to file a complaint in the Superior Court to be heard before a jury. The EEOC's Newark office gives 300 days for a federal charge against an employer with 15 or more employees.
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What counts as wrongful termination in New Jersey?
A firing in New Jersey is wrongful when it breaks a law or a contract, such as discrimination or retaliation barred by the New Jersey Law Against Discrimination. A firing that seems unfair is not unlawful on that basis alone, so match the facts to a specific law or contract term.
Where do you file a discrimination complaint in New Jersey, and by when?
File with the New Jersey Division on Civil Rights within 180 days after the alleged act of discrimination. The law's employer definition includes all persons unless otherwise specifically exempt. EEOC charges (15+ employees, 20+ for age) are due within 300 days from the date of harm.
Can you take a New Jersey discrimination claim to court?
Yes. The Division's notice to the complainant includes the right to file a complaint in the Superior Court to be heard before a jury (N.J.S.A. 10:5-13). The deadline for that court case depends on the claim, so confirm it before it passes. Attorney review is available.
What should you do about a final paycheck after being fired in New Jersey?
Ask for your unpaid final wages in writing, stating the amount, the pay period and the hours worked, and keep a copy along with your pay stubs. A written final paycheck demand letter creates a dated record of what you asked for and when.
New Jersey wrongful termination rules
New Jersey's Law Against Discrimination reaches far down the employer-size ladder. Its definition of employer includes all persons unless otherwise specifically exempt and states no minimum employee count. A complaint to the Division on Civil Rights must be filed within 180 days after the alleged act of discrimination (N.J.S.A. 10:5-18), which is shorter than the 300 days the EEOC's Newark office gives for a federal charge against an employer with 15 or more employees. The Division's notice to the complainant includes the right to file a complaint in the Superior Court to be heard before a jury. New Jersey also has a whistleblower law, the Conscientious Employee Protection Act (N.J.S.A. 34:19-1 and following); confirm what it covers and its deadline. Unpaid final wages are a separate issue, and a final paycheck demand letter puts that request in writing.
Relevant Laws
N.J.S.A. 10:5-18 (Division filing deadline)
A complaint filed in the division must be filed within 180 days after the alleged act of discrimination.
N.J.S.A. 10:5-13 (complaint and court option)
The notice to the complainant includes the right to file in the Superior Court to be heard before a jury.
EEOC Newark timeliness
The EEOC gives 300 days from the date of harm for employers with 15 or more employees (20 or more for age) in New Jersey.
N.J.S.A. 10:5-5 (employer definition)
Employer includes all persons unless otherwise specifically exempt; no minimum employee count is stated.
Regional Variances
New Jersey wrongful termination rules
State agency and law
New Jersey Division on Civil Rights; Law Against Discrimination, N.J.S.A. 10:5-1 and following.
Agency filing deadline
Within 180 days after the alleged act of discrimination (N.J.S.A. 10:5-18).
EEOC charge deadline
300 days from the date of harm (EEOC Newark office), for employers with 15 or more employees, or 20 or more for age.
Employer size covered
No minimum stated: employer includes all persons unless otherwise specifically exempt (N.J.S.A. 10:5-5).
Whistleblower and retaliation law
Law Against Discrimination reprisal provision, N.J.S.A. 10:5-12(d); Conscientious Employee Protection Act, N.J.S.A. 34:19-1 and following (confirm what it covers and its deadline).
Deadline to sue
The Division's notice includes the right to file in the Superior Court before a jury (N.J.S.A. 10:5-13); confirm the deadline.
Suggested Compliance Checklist
Request your final pay in writing
Soon after the firing days after startingAsk in writing for any unpaid final wages, with the amount, pay period and hours, and keep a copy.
Save records and write a timeline
Within days of the firing days after startingKeep the termination notice, messages, pay stubs and a dated timeline, with witness names.
File with the Division on Civil Rights
180 days (state); 300 days (EEOC) days after startingFile with the Division within 180 days after the act. An EEOC charge (15 or more employees, 20 or more for age) is due within 300 days.
Confirm the Superior Court deadline
Before your claim's limit days after startingThe Division's notice includes the right to sue in the Superior Court; confirm the deadline that applies to your claim.
Send a demand letter or review a settlement
Before signing any release days after startingA demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Request your final pay in writing | Ask in writing for any unpaid final wages, with the amount, pay period and hours, and keep a copy. | final-paycheck-demand-letter | Soon after the firing |
| Save records and write a timeline | Keep the termination notice, messages, pay stubs and a dated timeline, with witness names. | - | Within days of the firing |
| File with the Division on Civil Rights | File with the Division within 180 days after the act. An EEOC charge (15 or more employees, 20 or more for age) is due within 300 days. | - | 180 days (state); 300 days (EEOC) |
| Confirm the Superior Court deadline | The Division's notice includes the right to sue in the Superior Court; confirm the deadline that applies to your claim. | - | Before your claim's limit |
| Send a demand letter or review a settlement | A demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available. | demand-letter | Before signing any release |
Frequently Asked Questions
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