New Jersey statute
N.J.S.A. 2C:40A-3 — Wrongful discharge of employee
Current through P.L.2025, c.346, and J.R.22
Part of Chapter 40A, New Jersey Statutes.
Criminal charges under this statute
Full text of N.J.S.A. 2C:40A-3
Statutory text current through the P.L.2025, c.346, and J.R.22. This publication reproduces the official text of the New Jersey Statutes from the statute files published by the New Jersey Legislature; it is not the official statutes of the State of New Jersey.
11. Wrongful discharge of employee.
a. An employer who discharges an employee or takes any other disciplinary action against the employee because the employee's earnings have been subjected to garnishment commits a disorderly persons offense.
b. An employer who discharges an employee or takes any other disciplinary action in violation of this section shall re-employ any employee discharged, and shall compensate any employee for any damages resulting from the discharge or disciplinary action.
c. The term "earnings" means any form of compensation payable for personal services, regardless of whether the payment is denominated as wages, salary, commission, bonus, income from trust funds, profits, or otherwise, and includes periodic payments pursuant to a pension or retirement program.
L.1999,c.90, s.11.
Official sources
Legal terms used in this section
Questions this section answers
Is wrongful discharge of employee a crime in New Jersey?
Wrongful discharge of employee is a disorderly persons offense in New Jersey, which is not a crime under the New Jersey Constitution (N.J.S.A. 2C:1-4) — it carries no criminal record and is heard in municipal court. Governed by N.J.S.A. 2C:40A-3.
Which New Jersey statute covers wrongful discharge of employee?
Wrongful discharge of employee is governed by N.J.S.A. 2C:40A-3 (Wrongful discharge of employee).
This reference is informational and is not legal advice.