Legal Question in Employment Law in New Jersey

I was terminated in 2010 and had never been issued corrective action in the 2 years that I was employed there. I had also received a raise for my annual review 4 months prior and was praised for the way I resolve customer issues. I resolved 3 customer issues the same day by giving them a company allowed coupon. I told my boss what I had done which is suppose to be normal customer resolutions procedures. I was told that I violated company policy and was terminated for that. After being terminated, indeed, I provided Unemployment with proof about the company's policy and procedure as well as my review and email. After the 3 month back and forth, unemployment decided the reason for my termination was unjust? It has been hard trying to find a job for the past 2 years. Can I sue my former employer?


Asked on 6/06/12, 12:13 pm

1 Answer from Attorneys

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.

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Answered on 6/06/12, 1:25 pm


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