When an employer discriminates, retaliates, withholds wages, or violates an employee’s protected leave rights, the employee does not have unlimited time to take legal action. New Jersey employment claims are governed by different statutes of limitations, and some deadlines are much shorter than employees expect.
There is no single answer to the question, “How long do I have to sue my employer?” The deadline depends on what the employer allegedly did, which New Jersey law applies, and whether the employee files with a state agency or in court.
“Wrongful termination” is not one specific legal claim with one universal deadline. A termination may be unlawful because it involved discrimination, whistleblower retaliation, protected family leave, unpaid wages, or another violation of New Jersey law.
The same workplace situation may also create several possible claims, each with a different filing period. For example, an employee who reports discriminatory conduct and is later fired may potentially have both a discrimination claim and a retaliation claim.
Because multiple deadlines may begin running at once, employees should not assume they have two years to act in every case.
The New Jersey Law Against Discrimination, commonly called the NJLAD or LAD, prohibits workplace discrimination and harassment based on protected characteristics such as race, religion, national origin, sex, pregnancy, age, disability, sexual orientation, and gender identity or expression.
Employees may also be protected from retaliation for reporting discrimination, requesting a reasonable accommodation, or participating in an investigation.
An employee generally has two options for pursuing an NJLAD claim:
These are different legal paths. An employee generally cannot have the same claim pending before the Division on Civil Rights and the Superior Court at the same time.
The longer court deadline does not necessarily mean that waiting is the best strategy. Evidence may disappear, witnesses may leave the company, and important communications may become harder to recover.
New Jersey’s Conscientious Employee Protection Act, or CEPA, protects certain employees who report, object to, or refuse to participate in conduct they reasonably believe is illegal, fraudulent, or contrary to public policy.
Retaliation may include termination, demotion, suspension, reduced compensation, unfavorable assignments, or other adverse employment actions.
A lawsuit under CEPA generally must be filed within one year of the retaliatory action. New Jersey courts continue to apply this one-year statute of limitations to CEPA claims.
That deadline can pass quickly, especially when an employee is waiting for an internal investigation, grievance, or appeal to be completed.
Employees may have a New Jersey wage claim when an employer fails to pay minimum wage, overtime, commissions, earned compensation, or other wages due.
The New Jersey Department of Labor and Workforce Development states that wage complaints generally have a six-year statute of limitations. This includes complaints involving unpaid minimum wage, overtime, and other compensation.
Although six years is longer than many other employment deadlines, employees should still act promptly. Pay records, schedules, commission plans, emails, text messages, and personal records of hours worked may become harder to locate over time.
The New Jersey Family Leave Act provides job-protected family leave to eligible employees of covered employers. It may apply when an employee needs time away from work to care for a qualifying family member or bond with a new child.
The New Jersey Division on Civil Rights enforces the NJFLA. A complaint filed with the Division generally must be submitted within 180 days of the alleged violation. An employee may alternatively have up to two years to file a claim in New Jersey Superior Court, depending on the circumstances.
Leave-related cases can overlap with disability discrimination, pregnancy discrimination, or retaliation claims, so the correct deadline is not always obvious.
The statute of limitations often begins when the employee is notified of the unlawful decision not necessarily on the employee’s last day of work.
For example, the clock may begin on the date an employee learns that they are being terminated, denied a promotion, disciplined, denied leave, or subjected to another adverse decision.
Reporting the issue to human resources, negotiating severance, filing an internal appeal, or waiting for an employer’s investigation usually does not automatically pause a legal deadline.
New Jersey employment deadlines can range from 180 days to six years. The exact deadline depends on the claim, the filing method, and the date the violation occurred.
Employees should document important dates, preserve relevant records, and speak with a New Jersey employment attorney as soon as possible. Waiting to see what an employer does next may reduce the legal options available.
If you believe your employer discriminated against you, retaliated against you, violated your leave rights, or failed to pay wages you earned, contact Mark | Lavigne. An attorney can evaluate which New Jersey laws may apply and determine how much time you may have to take action.