Employment at Will

What “At-Will Employment” Means in New Jersey and When You Still Have Legal Protection

In New Jersey, employment at will generally means that you and your employer can each end your employment for almost any reason, or even for no reason at all. This is the default rule in most workplaces, and often is the reason an employer claims it can terminate you without even providing you an explanation. However, employment at will does not give an employer unlimited power. New Jersey law includes important exceptions that can protect you when a termination is discriminatory, retaliatory, or violates an agreement or public policy.

If you were fired and you suspect the real reason was unlawful, you may have a claim even if you were an employee “at will.” Rabner Baumgart Ben-Asher & Nirenberg, P.C. represents employees throughout New Jersey, including Bergen County. A Bergen County employment lawyer can help you identify whether your termination fits within one of the key exceptions to employment at will.

What Employment at Will Does and Does Not Allow

Employment at will allows an employer to terminate employment without “good cause.” It also allows an employer to make business decisions that feel unfair, arbitrary, or unexplained. That said, employment at will does not allow an employer to terminate you for an illegal reason. It does not override anti-discrimination laws. It does not erase protections from retaliation. It does not permit an employer to ignore an employment contract or statutory requirements.

A useful way to think about it is that employment at will is the starting point, not the end of the analysis. The real question is whether the reason for the termination, or the circumstances surrounding it, triggers legal protections.

Key Exceptions to Employment at Will in New Jersey

There are many exceptions, but a few come up most frequently in workplace disputes. If one of these applies to your situation, then employment at will may not protect your employer.

Employment Contracts and Enforceable Promises

An employment contract can limit an employer’s ability to terminate you, or it can define what must happen if the employer ends the relationship. A contract might guarantee employment for a specific term, require “cause” or “just cause” to fire you, or provide severance if termination occurs without cause.

Some disputes also involve written job offers, , or other document that functions like contracts even if they are not labeled as such. In certain situations, oral or written promises made by an employer can create enforceable obligations.

Wrongful Termination Based on Discrimination

New Jersey anti-discrimination law prohibits terminating an employee because of protected traits. If your termination was influenced by age, race, color, national origin, disability, sex, pregnancy, religion, sexual orientation, gender identity or expression, marital status, ancestry, military status, or another protected characteristic, then employment at will does not shield your employer from liability.

Discrimination is not always obvious. In many cases, evidence of discrimination can be based on timing, false justifications, shifting explanations, different treatment of similarly situated coworkers, or comments that reveal the decisionmaker’s bias. A termination can be unlawful even when the employer uses neutral terms like “job performance,” “fit,” or “restructuring” to describe the reason for its decision to terminate your employment.

Wrongful Termination Based on Retaliation

New Jersey law also protects you from retaliation when you engage in a legally-protected activity. For example, a retaliation case can arise when an employee reports unlawful discrimination or harassment, requests a reasonable accommodation, takes a protected family or medical leave, raises wage and hour concerns, or refuses to participate in conduct the employee reasonably believes is illegal.

Retaliation can be a termination, but also can involve discipline, demotion, schedule changes, sudden performance criticism, or being pushed out of your job. If these actions happen soon after legally-protected activity, then the timing can matter.

Leaves, Accommodations, and Job Protection

Many termination disputes arise after an employee requests time off or an accommodation. Depending on the facts, New Jersey law and federal law may protect employees who take medical leave, family leave, or need adjustments at work because of disability, pregnancy-related needs, or religious practice.

If you were terminated shortly after you request a leave, returned to work from a leave, or requested a reasonable accommodation, then employment at will may not be the end of the story. Proving these types of cases often depends on documentation, consistency of the employer’s explanation for its actions, and whether the employer’s actions were consistent with how it treats other employees.

Severance Pay Rights and Mass Layoff Protections

New Jersey’s “WARN Act” has specific requirements regarding job loss notification and severance pay that applies ot certain qualifying plant closing and mass layoffs. While this law does not prevent layoffs, it entitles covered employees to advanced notice and financial protection.

In addition, some employees are entitled to severance pay under a company policy, an employment contract, or a negotiated separation agreement. These types of agreements often require you to sign a release before you can receive your severance pay. Reviewing a severance agreement before signing it can be very important because it may limit your ability to pursue legal claims and give up other important legal rights.

Employees Who Are Not Truly “At Will”

Some workers have additional protections that change how discipline and termination work. Unionized employees typically are covered by a collective bargaining agreement with grievance procedures and just-cause standards. Civil service employees have statutory civil service rights and statutory protections that restrict termination decisions. Likewise, tenured government employees only can be fired for just cause.

Employment at Will Works Both Ways

Employment at will also means you can resign for almost any reason, with or without advance notice. While two weeks’ notice is customary in many industries, it rarely is required. The right approach depends on your goals, including whether you want a job reference in the future, whether you might want to return to the company you are leaving in the future, whether you are concerned about retaliation, and whether you are leaving because the workplace has become intolerable.

If you are considering resigning because of a hostile environment, discrimination, or retaliation, it often is wise to get legal advice before you quit. In many cases, resigning can make it much more difficult to prove a wrongful termination claim. However, in other cases resigning may be the safest option.

Speak With a Bergen County Employment Lawyer

If you were fired from your job in New Jersey and you believe the real reason may be discrimination, retaliation, or another violation of your rights, Rabner Baumgart Ben-Asher & Nirenberg, P.C. can help you understand your options. To schedule a consultation with a Bergen County employment lawyer, please call (201) 777-2250 or contact us online.