Search Site
Menu
25 Main Street, Suite 104 | Hackensack, New Jersey 07601
Call For Consultation 551-245-8894
Job Terminations in New Jersey Are Sometimes Unlawful

Employment in New Jersey is “at will,” which means that employees work at the will of the employer, and the employer can fire an employee at any time for any reason — or for no reason. This is a pro-business policy that has been in place since the 19th century in most states.

There are some exceptions to the at-will doctrine. One exception is that an employee cannot be fired for refusing to commit an illegal or dishonest act for the employer. Another exception is based on the theory that an employer creates an implied contract with employees when the employer’s personnel policies or handbooks lead employees to believe that they will not be fired except for good cause.  And of course a termination based on discrimination — because of gender, age, religion, sexual orientation, disability, race or national origin — is illegal in New Jersey.

Employers that haven’t taken the following steps may be on shaky ground when they fire employees for performance or behavioral reasons:

  • Institute standard procedures — A company shouldn’t make up the rules as it goes along.  Termination and disciplinary procedures should be clear and in writing.
  • Document alleged infractions — A company exposes itself to discrimination litigation if it has no record of long-running problems with the terminated employee.
  • Give the employee a chance to improve — A company risks litigation if it fails to give an employee a reasonable time to improve his or her performance before deciding to terminate the employee.

If you believe you’ve been wrongfully fired in New Jersey, speak with an employment law firm today.

 

Leave a Reply

Your email address will not be published. Required fields are marked *

Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Senior Partner

About Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for…

Bruce  L.  Atkins Attorney Photo
Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey's premiere practitioners of employment and civil litigation. Mr. Atkins has also been included in the Thomson Reuters list of New Jersey Super Lawyers* in Employment Litigation since 2005. Mr. Atkins believes employees have rights that should be aggressively pursued when an employer has wrongfully dealt…

Adam  J.  Kleinfeldt Attorney Photo
Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins, P.C. in March of 2015.  He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters.  He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict in a…

Robert  J.  Pantina Attorney Photo
Robert J. Pantina
Attorney

About Robert J. Pantina joined the firm in 2018. Mr. Pantina received his B.A. from Rider University in 2008. He received his J.D. from the Elisabeth Haub School of Law at Pace University in 2017. While in law school, Mr. Pantina interned for the Hon. Bonnie J. Mizdol, Assignment Judge of the Superior Court of…

Diane  Englander  Peyser Attorney Photo
Diane Englander Peyser
Attorney

About Diane Englander Peyser joined Deutsch Atkins, PC in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins, PC, Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination, disability discrimination, FMLA, New…

AWARDS & AFFILIATIONS
Reviews and Ratings
  • lawyers
    5.0/5.0

    No description provided

    Read more

    Partner

  • lawyers
    5.0/5.0

    No description provided

    Read more

    Partner

  • lawyers
    5.0/5.0

    No description provided

    Read more

    Partner

  • lawyers
    5.0/5.0

    No description provided

    Read more

    Sole Practitioner

  • lawyers
    4.4/5.0

    No description provided

    Read more

    Partner

See all reviews
Contact us

Quick Contact Form