Legal Question in Employment Law in New Jersey

i was terminated from my job at quik chek on 6/22/12.

it went like this,

you are terminated, this is the reason and then they rushed out the door.

i have worked at the company for 33 months.

i was told that i will not get my 10 days vacation pay that i earned .

i was scheduled to go on vacation in july if that matters.

i have left messages at h/r and the benefit departments.

i cannot get a answer from no one about this from the corporate office.

can they do this?


Asked on 7/02/12, 10:42 am

2 Answers 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.

As H.L. Mencken said... For every problem there is a solution that is simple, neat and wrong. 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.

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Answered on 7/02/12, 10:47 am
Antoinette Wooten The Wooten Legal Consulting, PC

Unless you had a contract or you were discharged in violation of Title VII of the United States Code your employer can dismiss you as New Jersey is an employment at will state. Employment at will states allow employers to dismiss and employees to quit for any reason.

Regards,

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Answered on 7/02/12, 11:27 am


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