Q: Can I sue for wrongful termination after firing post-report to HR?

A: Based on the information provided, you face a challenging situation that may potentially constitute wrongful termination under New Jersey law. New Jersey is an "at-will" employment state, meaning employers can generally terminate employees for any reason or no reason, provided it does not violate anti-discrimination laws or public policy. However, your case presents possible legal issues worth examining due to the timing and circumstances of your termination.

The proximity between your HR complaint about breaks and your subsequent termination (just three days later) potentially establishes a temporal connection that could support a retaliation claim. New Jersey law prohibits employers from retaliating against employees who assert their legal rights, which includes discussing workplace concerns with HR. Your improved performance and the lack of formal disciplinary actions before termination further strengthen the argument that the stated reason for termination may have been pretextual. Additionally, your age (60) places you in a protected class under the Age Discrimination in Employment Act and New Jersey Law Against Discrimination, which could be relevant if younger employees with similar performance issues were treated differently.

Your short tenure (60 days) may present a challenge, as many wrongful termination protections are stronger for longer-term employees, but this does not automatically preclude your claim. I recommend documenting all relevant interactions, including dates of HR meetings, performance improvements, and the specific circumstances of your termination. You should consider filing a complaint with the New Jersey Division on Civil Rights or the Equal Employment Opportunity Commission, both of which have deadlines for filing claims. These agencies can investigate your situation and potentially facilitate resolution before litigation becomes necessary. Given the complexity of employment law and the fact-specific nature of wrongful termination claims, consulting with an employment attorney who can evaluate the full details of your situation would be advisable.