New Jersey Employment At Will Policy

• Category: Employment - Policies and Procedures
• State: Multi-State
• Control #: US-02982BG
• Format: Word; Rich Text

Description

In most instances, the employment contract will not state its expiration date. In such a case, the contract may be terminated at any time by either party. Ordinarily a contract of employment may be terminated in the same manner as any other contract. If it is to run for a definite period of time, the employer cannot terminate the contract at an earlier date without justification. If the employment contract does not have a definite duration, it is terminable at will. This is called employment at will. Under the employment at will doctrine, the employer has historically been allowed to terminate the contract at any time for any reason or for no reason.

New Jersey Employment At Will Policy refers to the legal doctrine that governs employment relationships in the state of New Jersey. As a default rule, the policy establishes that either the employer or the employee can terminate the employment relationship at any time, for any reason, or for no reason at all, without incurring any legal consequences. Under this policy, employers have the right to make crucial decisions regarding an individual's employment, such as hiring, promotion, demotion, job assignments, and termination. Conversely, employees retain the freedom to resign from their positions whenever they choose, without being obligated to provide advance notice or justification for their departure. However, it is important to note that New Jersey Employment At Will Policy has certain limitations and exceptions that employers and employees should be aware of: 1. Implied Contract Exception: If an employer gives any explicit or implied promises, representations, or assurances of continued employment security, either verbally or through an employment contract, that contradicts the at-will relationship, the policy may be overridden. This exception safeguards employees against arbitrary termination when an employer has made commitments of job security. 2. Public Policy Exception: If an employee is terminated for refusing to perform an illegal act, exercising a legal right, or for reasons that violate public policy, the employment at-will relationship may be illuminated. 3. Implied Covenant of Good Faith and Fair Dealing: Although not explicitly recognized in New Jersey, some courts have recognized a duty of good faith and fair dealing in at-will employment relationships. This implies that an employer should not terminate an employee in bad faith, or with malicious intent, even in the absence of an employment contract. While the specific types of New Jersey Employment At Will Policy remain consistent, these exceptions ensure that employees are protected against arbitrary terminations or any harassment that may violate their legal rights. Thus, employers must be cautious when terminating an employee to avoid potential legal disputes and claims of wrongful termination. In summary, New Jersey Employment At Will Policy establishes the general rule that allows employers and employees to terminate their relationship at any time, without cause. However, exceptions such as an implied contract, public policy considerations, and the implied covenant of good faith and fair dealing can modify or limit this policy. It is important for both employers and employees to be familiar with these exceptions to ensure compliance with the law and protect their rights within the workplace.