Legal Question in Employment Law in New Jersey

Can an employer fire you for performance issues even if their complaints are not dicussed on a daily or weekly basis? My current employer waited for 10 to 15 issues to pile up before she contacted the DM and then they both threatend me with termination.


Asked on 1/14/10, 12:34 pm

1 Answer from Attorneys

Fred Shahrooz Scampato Law Office of Fred Shahrooz Scampato

It depends on the circumstances surrounding your employment. If you are an "at will" employee, then your employer can termiante your employment for performance issues at any time and without any additional notice. However, if you are a union worker or a state civil service employee, then you would not be considered to be an "at will" employee. So the first step is to determine your status. Next, assuming that you are an "at will" employee, the next question is whether you have been provided with an employment handbook that describes the procedure and/or steps in the company's disciplinary policy. If you do have an employment handbook and you find that your supervisor is not following the disciplinary procedure, then the best thing to do is to contact Human Resources to advise them of your situation and respectfully request that your supervisor be directed to follow the procedure found in the handbook. If you have not been given a handbook or any oral or written procedures of a employee disciplinary policy, then it is likely that you will not have any procedural protections under your situation. One final thought, it is highly recommended that you spend one hour with an employment attorney who could evaluate your circumstances and provide you with advice as to what the law is, what your options are, and what he or she recommends that you do at this time.

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Answered on 1/19/10, 1:37 pm


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