Legal Question in Employment Law in New Jersey
I was just fired from my job yesterday after being there for almost 7 years. I was being late for a few weeks and was written up. When I got terminated yesterday they said it was from my performance from the last 2 years. Which is a lie because I have only been in that department for two years and last year I got a raise. I think they fired me because I was unable to make it in to work 11-5-12 and 11-6-12 because I was still without power and no path trains were running Monday and Tuesday I ran out of gas. I had to drive to another town starting Tuesday because the path train was running limited. When I got to work 11-7-12 that's when they said it was after 2 years performance.. Please help because that don't make sense to me.. If anything why keep me do long knowing I had bad performance..I worked in Brooklyn NY
1 Answer from Attorneys
You should consult a NY lawyer because the rules can be different. However, in NJ, employment is, generally: 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.
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.