Legal Question in Employment Law in New Jersey

Although New Jersey is an "employment-at-will" state, an employee cannot be fired in retaliation for taking leave under either federal or state family leave acts. Your husband should talk with an employment law attorney to review the facts of his situation and discuss possible legal strategies.

Thank you for your LawGuru question. NJ is an at-will state, which means an employer can terminate employment at any, without or without cause and with or without notice. However, an employer may not do if it constitutes a breach of contract, illegal discrimination, or illegal retaliation. Under the Leave Act, an employee is entitled to reinstatement, if the position hasn't been eliminated. The timing of the termination in this case does, on its face, seem suspect. I recommend that you contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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