Are You an "At Will" Employee?
Almost every day we hear about a company laying off employees or a reduction in force. If you're one of the unlucky ones, what is your recourse? If you have an employment contract your rights are usually spelled out in the contract, but if you don't have a contract you're an employee "at will", which means you can be hired or fired at the will of the employer. But there are exceptions - some are a result of court decisions and some are the result of specific statutes and laws. An "at will" employee may be protected and have a common law cause of action against the employer if the discharge is based on any of the following:
Violation of public policy (but many of these claims are now covered by specific statutes, i.e. age or race discrimination);
Refusal to commit an illegal act while employed;
Retaliation because of whistleblowing;
Retaliation for seeking worker's compensation;
Retaliation for reporting OSHA violations;
Pursuing Employment Discrimination claims.
In each of the above situations, there must be a casual connection between what the employee did or didn't do and his or her termination by the company. It is the employee's burden to prove the connection. If an employee prevails, compensation damages may be paid.
Of course, there are may be other causes of action under New Jersey's Law Against Discrimination, which pertains to race, creed, color, national origin, ancestry, age, marital status, sex or atypical hereditary cellular or blood traits of any individual. N.J.S.A. 10:5.
