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What is a retaliatory firing?

Retaliatory firing or retaliatory discharge occurs when an employer punishes an employee for engaging in legally protected activity, such as filing a valid workers’ compensation claim after an employment-related accident. New Jersey is an at-will employment state, which means that an employer can fire an employee for any reason or no reason at all. Therefore, proving retaliatory firing may be difficult.

Under New Jerseys Labor and Workers’ Compensation laws, an employer is prohibited from taking retaliatory actions against an employee who requested or took any temporary disability benefits. If the employee is able to prove that their firing was not based on other legitimate termination grounds and were in retaliation, the employee may be entitled to receive relief such as, reinstatement of the employee’s same position before he was fired, compensation for lost wages and benefits, and payment of reasonable costs and attorney fees.

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