Legal Question in Employment Law in New Jersey

I am the Controller of a manufacturing company in NJ. Recently I was informed that the company will be hiring a VP of finance to do my job, and that my position will be eliminated. It was told to me that the decision was not based on poor performance. Is it legal to let someone go and hire someone else to do the same job function under a different title even with NJ being an at will state?


Asked on 4/05/12, 1:29 pm

2 Answers from Attorneys

Antoinette Wooten The Wooten Legal Consulting, PC

At will means that an employer can discharge you for any reason other than because of your race, gender, age ,national origin, religious beliefs, disability or sexual preference.

If your question is whether you have a lawsuit, not unless you are being discharged in violation of the law.

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Answered on 4/05/12, 1:48 pm
Barry Gartenberg Barry F. Gartenberg LLC

In general, employment in New Jersey is: At-Will. This means that an employer can hire, fire, replace personnel, change work assignments, promote/demote, change compensation and benefits, etc. at any time, for good, bad or no reason, and without advanced notice. There are many exceptions to the rule. For example, it is illegal to base such decisions on an individual�s membership in a protected classification (i.e., illegal discrimination) or take such action in retaliation for an individual engaging in protected activity (e.g., �whistle-blowing�) or his/her refusal to engage in illegal activity. Similarly, if an employer and employee have agreed to specific employment terms and conditions (i.e., entered into a contract), both parties must abide by the agreement or face a potential lawsuit. Of course, determining whether your circumstances fall within one of these or the many other exceptions to the At-Will rule will require much more discussion. Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600. Please visit my website - www.bgartenberg.com - or call me if you'd like to learn more about me or my practice. You can also find me on LinkedIn, Facebook and Twitter. Thank you.

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 4/06/12, 7:53 am


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