At-Will Employment in New Jersey

At-will employment in New Jersey means either the employer or the employee can end the employment relationship at any time, for any reason, or for no reason, without needing to give prior notice. However, an employer cannot fire an employee for illegal reasons, such as discrimination or retaliation for protected activities. This rule is subject to state and federal laws and does not apply if there’s a contract that specifies different terms for ending employment.

What is an At-Will State?

An at-will state allows employers and employees to end employment at any time, for any reason, or no reason, without notice, as long as the termination is not illegal, such as for discrimination or retaliation. This principle applies in most U.S. states, making it the standard employment practice.

All employees in New Jersey without an employment contract are considered to be at-will employees. This means that an employer has the right to terminate, demote, cut wages, and reduce paid time off for an employee without cause, as long as they do not violate state or federal laws. In turn, at-will employees have the right to terminate their relationship with an employer at any time without penalty. Despite the freedoms that at-will employment offers to employers and employees alike, there are exceptions in New Jersey that prevent unfair labor practices.

Exceptions to At-Will Employment

An employer in New Jersey will be in violation of federal and state laws if they terminate, demote, or otherwise discriminate against an employee due to race, sex, gender identification, national origin, pregnancy, disability, age, or religion. The Civil Rights Act of 1964 and the New Jersey Law Against Discrimination (NJLAD) offer federal protection to employees in these protected classes.

New Jersey employers are also prohibited from subjecting their employees to actions that violate public policies. For example, an employer who fires, demotes, or harasses an employee for filing a claim for Workers’ Compensation benefits would be in violation of public policy common laws. An employer would also violate these laws if they were to take adverse actions against an employee who reports illegal or corrupt activities of the employer, also known as “whistleblowing”, or refuses to perform illegal or immoral actions required by the employer.

Verbal and Written Statements

Implied contracts and good faith covenants that are expressed verbally or defined in corporate policies, handbooks, or practices can protect an employee from wrongful termination or unfair treatment. An employer that verbally tells an employee they have a job for a definite period of time, or terminates an employee outside of reasons and procedures written in corporate policies or employee handbooks, can be held liable for unlawful termination. Most courts will not honor verbal statements that promise unreasonable employment benefits, but the majority honor verbal and written statements that were made and led the employee to believe they have job security.

Employers in New Jersey can also be held liable for mental and physical health effects that occur from intentional stress placed on an employee. Harassment, micro-managing, or pressure from supervisors or colleagues that exceeds rational levels can cause emotional distress and physical ailments such as depression and digestive issues. Employees who are terminated for these conditions may be able to file a lawsuit against their employer for wrongful termination.

What Role Does the NJLAD Play in At-Will Employment?

The New Jersey Law Against Discrimination is a crucial safeguard within the at-will employment framework, restricting employers from terminating employees on grounds that are discriminatory. Despite the general rule in at-will employment that an employer can dismiss an employee for any reason, NJLAD ensures this does not extend to reasons based on protected characteristics like race, gender, sexual orientation, or disability. This law enforces a boundary against discriminatory practices, upholding fair treatment in the workplace.

Can I Be Wrongfully Terminated in an At-Will State?

Yes, you can still face wrongful termination in an at-will state such as New Jersey. If you were fired for illegal reasons, such as retaliation or discriminatory practices, you may have a case. Contact our law office for a free consultation to discuss your options.

What Should I Do If I Believe I Was Wrongfully Terminated?

If you believe you were wrongfully terminated, it is important to immediately document all relevant circumstances and communications related to your termination. This includes gathering any emails, performance reviews, or witness statements that could support your case. Next, consult with an employment attorney who is knowledgeable in state and federal employment laws. They can assess whether your termination potentially violated laws such as the NJLAD, FMLA, or other relevant employment regulations and guide you through the process of legal recourse.

Employment Lawyers at McOmber McOmber & Luber, P.C. Advocate for New Jersey Employees

If you suffer discrimination or unfair treatment as an at-will employee, remember that you have protection under federal and state laws. Navigating through the legal system can be daunting and downright confusing, but consultation with a competent and reliable employment lawyer in New Jersey can ensure that your legal rights are protected.

With over 40 years of experience in employment law, employment lawyers at McOmber McOmber & Luber, P.C. have a long history of successful outcomes for our clients. We are staunch advocates for New Jersey employees and dedicate ourselves to providing high-quality, reliable legal counsel and representation. Our resolute lawyers will utilize their extensive knowledge of employment law in order to secure the largest amount of compensation owed to you. Contact us or call one of our offices for a free consultation today.