Under What Circumstances Can I be Laid Off or Fired From my Job?

0e80749f13985e119e7a_f6d89a55109184d59042_11108228_988239651194836_1758649467823950062_n.jpg
Employment Lawyer Fred Shahrooz Scampato 
0e80749f13985e119e7a_f6d89a55109184d59042_11108228_988239651194836_1758649467823950062_n.jpg

New Jersey is an "at-will" employment state. That means that if you are not in a union, have vested tenure or civil service rights or a personal employment contract that limits your termination to being "for cause" only, then your employer can pretty much fire/lay you off for any reason, including erroneous reasons or no reason at all. The rationale behind this is that the courts do not wish to get involved in mundane employment decisions.  These types of decisions should be left in the hands of the employers who ought to have free reign as to the business decisions that are necessary for the health and the growth of their company.

The main exception to this "at will" employment rule would be if an employer is motivated by prejudice or retaliation in terminating the employment of an employee.   For example, if an employer is allowing unlawful prejudice against a person’s race, age, gender, disability, religion or other “protected class” status, to act as a motivation to terminate someone’s employment, then that would violate NJ and Federal law and would constitute a wrongful termination. Likewise,  if a person is being retaliated against for either (1) complaining about unlawful harassment or discrimination based on prejudice or (2) blowing the whistle on illegal or fraudulent activity that is discovered in the workplace and brought to the employer’s attention, then this too would violate NJ and Federal Law and would constitute a wrongful termination.

If you have facts that support a claim of discrimination, harassment or retaliation that led to your termination, then you should seek a consultation with an experienced employment law attorney to ascertain whether you have sufficient facts to support a claim of wrongful termination.   

Whether you are an employer looking for assistance with employment law issues, or an employee who feels unfairly treated, Fred Shahrooz Scampato can provide you with the benefit of his over twenty years experience in employment law. His goal is to prevent workplace problems from becoming costly litigation. He can be reached at Scampato@aol.com, Scampato@njlaborlaw.com or 908-301-9095. Visit his website at www.njlaborlaw.com.
 

The opinions expressed herein are the writer's alone, and do not reflect the opinions of TAPinto.net or anyone who works for TAPinto.net. TAPinto.net is not responsible for the accuracy of any of the information supplied by the writer.

TAP Into Another Town's News:

You May Also Be Interested In

Sign Up for E-News

Westfield

5 Arrested in Connection with Prostitution at Union Spa

April 20, 2018

UNION, NJ – Union police arrested a man and four women in connection with a prostitution business at a local spa on Morris Avenue.

In September 2017, Union police made arrests at the Birchwood Oils – Essential Oil Rub Treatments -  when they discovered it to be a place of prostitution, police said.

According to police, they continued to monitor the location and discovered ...

2018 Municipal Budget is on Collision Course with Principles of Financial Soundness & Stability

April 18, 2018

Having chaired the town council’s finance committee in the recent past, I appreciate the hard work that goes into developing a municipal budget for a town as large and dynamic as Westfield. But as I have expressed publicly and also to the mayor and my council colleagues, I do not support the adoption of Westfield’s 2018 municipal budget. Although the budget contains much that I ...

Upcoming Events

Fri, April 20, 10:00 PM

Stage House Mountainside, Mountainside

Little Nikki's Radio Fundraiser for Westfield PBA

Arts & Entertainment Giving Back

Carousel_image_847ee9151bdce789833a_y

Sat, April 21, 9:30 AM

Westfield Area YMCA, Westfield

Westfield Area YMCA Camp Open House

Sat, April 21, 10:00 AM

Tamaques Park, Brightwood Park & Mindowaskin Park, Westfield

Westfield 2018 Spring Clean-Up

Giving Back Government Green

Westfield Police Blotter: Residence Burglarized & More

April 18, 2018

April 11, 2018 10:23 a.m.

Raymond Rodgers, 56, of Westfield, NJ was arrested in the area of E. Broad Street. Rodgers was arrested pursuant to an unrelated traffic investigation. Rogers was transported to Westfield Police HQ without incident. At WPD HQ, Rodgers was processed and released after posting the full bail amount ($250). Rodgers was arrested on the strength of an outstanding Westfield ...

In London Town - NJFO Season Finale

April 20, 2018

On Saturday May 19 and Sunday May 20, the New Jersey Festival Orchestra, under the baton of David Wroe, presents a magnificent 35th anniversary season finale celebration of music linked in some way to England and its great city of London.

The concert opens with Sir Edward Elgar’s exhilarating Introduction and Allegro for Strings, a work composed in 1905 to enable the string section ...

'The Sting' shimmers and shakes at Paper Mill

‘The Sting ‘slithers and shakes at Paper Mill Playhouse

By LIZ KEILL

MILLBURN, NJ – In a premiere production of “The Sting,” Harry Connick Jr. commands the Paper Mill Playhouse stage in Millburn.

Based on the sensational Paul Newman/Robert Redford film in 1973, the 1930s plot centers on a con game and gambling, sometimes on a train between New York and ...

Edison Students Participate in Beta Test of Google Augmented Reality App

Students and teachers at Edison Intermediate School participated in a recent beta test of a Google application that uses augmented reality technology to explore the inner workings of plant cells, the functions and framework of the human skeletal system, and other educational subjects.

Edison Media Specialist Andrew Cusumano arranged for a Google representative to visit the school on April 9 to ...

Get Your Home Ready for Summer Before its TOO HOT

Finally, the weather is getting warmer and you are shedding those down coats. Now is a great time to start thinking about summer and getting your home prepared. Paying attention to a few maintenance items can alleviate painful repairs later on if you wait too long. The line ahead of you will build as the summer rush starts. So, let’s not wait.

Check your roof   (hire the expert ...

Why We Keep Kosher

Why We Keep Kosher

This week's parshah, Shemini, introduces the Torah's dietary laws. Animals must chew their cud and have split hooves to be kosher, fish need fins and scales, and a list of forbidden fowl is enumerated.

To those of us in Jewish education, it is a continuing source of disappointment that so many Jews still believe the kosher laws to be outdated.

Hellenic Therapy Center

April 13, 2018

Dropping Off Our Kids At College – Learning How To Adjust

Hellenic Therapy Center

 

Whether your kid is a freshman entering college for the first time or returning back to college, there are so many emotions we experience as parents.  There are differences in a parent’s reaction to the departure of a first child, an only child or even the last child.  Feelings ...

Obituaries

Oct 21, 1944 - Apr 14, 2018
Kathleen A. Hertell passed away peacefully with family at her bedside on April 14, 2018. Loving ...
Read more

Mets Sign Patriots Pitcher Before He Can Unpack His Gear

April 20, 2018

BRIDGEWATER, NJ — The Somerset Patriots have announced that right-hand pitcher Scott Copeland’s contract has been purchased by the New York Mets.

So, instead of stretching out and getting in shape at TD Bank Ballpark, he's been sent to extended spring training at the Mets' complex in Port St. Lucie, Fla.

The 6’3” righty broke into the big leagues in ...