Legal Question in Business Law in New Jersey

Can i sue a restaurant for not giving me a reason for them firing me?


Asked on 5/16/11, 5:58 pm

3 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say the following. Unless you had a written employment agreement or are covered by a union, the relationship is "at will." This means either party can terminate, for any reason (or no reason) at any time - unless you were terminated for a "suspect reason" like race, age, etc. 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 5/16/11, 6:04 pm
Barry Gartenberg Barry F. Gartenberg LLC

As an attorney who practices employment law in NJ, I can say, that (as noted above), in the absence of a contractual obligation to "give a reason," there is no obligation for an employer to give a reason. In fact, well-counseled employers will rarely give a reason (or they will be very careful about the reason they give) because, by giving a reason, the employer increases its risk of admitting that the termination was based upon an illegal reason.

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.

IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.

With best wishes,

Barry F. Gartenberg, Esq.

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Answered on 5/16/11, 7:24 pm
Walter LeVine Walter D. LeVine, Esq.

I agree that unless you are an employee with a written agreement that specifies you are to be given a reason, and that does not describe you as being an employee "at will" , or if there is some other basis (such as a union employee), so that you are not considered to be a employee "at will", an employer does not have to ive you any reason. You can always sue anybody for anything, but this does not mean you will be successful or cannot be counter-sued and subject to sanctions if your suit is determined to be frivulous. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 5/18/11, 9:42 am


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