Legal Question in Business Law in New Jersey

Is it legal to threaten to fire an employee for not signing a contract halfway through their employment?


Asked on 5/28/11, 6:26 am

2 Answers from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

An at-will employee can be fired at any time, for good reason, no reason or bad reason---for example, refusal to sign (presumably) an employment contract. However, if the subject matter of the contract is illegal or the motivation for making the employee sign is based upon illegal discrimination or retaliation, then the employer's action is illegal. Obviously, more information is needed. Please contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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Answered on 5/28/11, 6:35 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney answer. And if, for example, you already had a written employment agreement, and the reason for firing you was because you refused to amend the agreement in their favor, that would be improper. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 5/28/11, 8:50 am


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