If you are an employee or are seeking employment in New Jersey, you may have encountered the term “At-Will employment” and wondered what it means. Imagine you are considering a career change, but you are currently employed. Typically, you would have to give a few weeks’ notice of resignation. In the same way, if your employer wishes to let you go, they would have to give you sufficient notice before terminating your employment. However, this is not usually the case with at-will employment. Understanding this principle is essential if you are employed or seeking employment in New Jersey.
At-Will Employment in New Jersey
Like many other states, at-will employment is the default employment arrangement in New Jersey. At-will employment means an employee can terminate employment at any time without any notice or for any reason. This means an employer can terminate an employee’s contract at any time, for any reason or no reason whatsoever, provided the termination does not violate any legal protections. Additionally, job security is not guaranteed under at-will employment unless specified otherwise.
Exceptions to At-Will Employment Rules in New Jersey
Specific state and federal laws prevent wrongful termination even as an at-will employee. These include the following:
- Anti-Discrimination Laws
Federal laws and the New Jersey Law Against Discrimination(NJLAD) state that an employer cannot fire, demote, or cut a worker’s pay based on race, age, gender, religion, disability, sexual orientation, ethnicity, pregnancy, or national origin.
- Retaliation Protection
An employer cannot fire you for reporting workplace misconduct, filing a workers’ compensation claim, opposing discriminatory practices, or engaging in another protected activity.
- Implied Contract
In an implied contract, the employer makes a verbal promise or gives you a handbook specifying termination procedures. While challenging to identify, an implied contract overrides at-will employment as the court may consider it a binding agreement. If you believe you have had an implied contract with your employer but were wrongfully terminated, it may be worth speaking to an employment lawyer about it.
- Public Policy Violations
Additionally, an employer cannot terminate you for refusing to engage in illegal activities. If they do, you can contest this in court.
Situations That Could Lead To Termination
Some of the instances where an employer may terminate your employment may include:
- Organizational restructuring or downsizing
- Poor job performance
- Breaching company rules
- Poor attendance or absenteeism
- Failing a required drug test
- Negative feedback or complaints from customers
How Can You Tell if You are an At-Will Employee?
If you do not have a signed contract, your employment in New Jersey is likely governed by at-will terms. However, you can modify this employment arrangement so you and your employer can sign a formal contract.
What Should You Do if Terminated?
If you believe you were wrongfully terminated, it is crucial to do the following:
- Document the circumstances surrounding your dismissal
- Review any employment contracts, handbooks, written or verbal communication for implied agreements
- Seek guidance from a New Jersey employment attorney who can assess potential violations of state and federal laws.
Contact the Trabosh Law Firm
For more information or legal help, contact our skilled New Jersey employment lawyer at The Trabosh Law Firm.