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Involuntary Terminations: New Jersey

Involuntary Terminations requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: John Sarno, Employers Association of New Jersey

Summary

  • Where verbal communications or the terms of an employee handbook have altered the at-will nature of employment and created an implied or express contract, New Jersey employees may only be terminated for just cause. See Termination for Cause.
  • Where employers have good cause to terminate employees, the employees will still be entitled to collect unemployment benefits, unless the employer can demonstrate that the conduct in question rose to the level of gross misconduct. See Gross Misconduct.
  • The Conscientious Employee Protection Act (CEPA) guards New Jersey employees from retaliation in the workplace based on their objection to certain types of misconduct in the workplace. See The Conscientious Employee Protection Act.
  • The New Jersey Worker Adjustment and Retraining Notification Act (NJ WARN) significantly enhances the protections afforded to employees by federal legislation. See The New Jersey WARN Act.
  • The New Jersey Military Leave Law accounts for the employer's economic situation at the time the employee returns from military duty and seeks his or her job back, but may not require the employer to return the employee to the same job he or she vacated. See New Jersey Military Leave Law.