Legal Guide

Your Rights in the Workplace

One of the most frightening things that can happen to a person is the loss of a job. In the last decade, the ideal that an employee had lifetime job security has faded. Now employees wonder: Can I be fired even though I am doing a good job?

The answer is yes. But you may have some legal rights that protect you and limit your employer's actions.

Some employees have jobs that are protected by tenure laws, civil service, or union contracts. However, most employees in New Jersey are so called "employees at will." Employers do not have to show cause, such as poor performance, to justify terminating workers.

Employees, even employees at will, are often surprised to learn that they may still have some recourse. In some cases, employee handbooks and personnel manuals contain legal protections that can be enforced as contracts. They may give the employee some tenure rights or the right to certain procedural protections before he or she can be fired. The company's past practices in dealing with other employees can also create an enforceable right to be treated in a manner consistent with these past practices. And, of course, laws prohibiting discrimination in the workplace and those protecting "whistle blowers" also apply to all employees, including those who are "at will."

So if you are put on probation by the employer or reasonably believe that your job is in danger, keep these protections in mind. By documenting your own good work and reviewing your personnel file to make sure it is accurate, you may be able to enhance any protections that apply to you. If you have received handbooks or manuals from your company, you should review them to see whether they give you any rights.

At the same time, you should take the practical step of beginning to look for another job. You cannot stop an employer from wrongly firing you, even if you believe that one of your legal protections is being violated. Whether you are fired lawfully or not, you will have to challenge your employer's decision in court, after they were made. Therefore, as a practical matter, it is better to know your employment options. They may have an influence on the strategy that you adopt.

No matter what line of work you are in, make sure that your manager has set achievable goals for you. If you believe you are being set up for failure with unrealistic goals or objectives, you should document your concerns. As a general rule, do not confess to poor performance because it will likely be held against you. If your manager says that he or she is not satisfied with your performance, suggest that you would like to move forward together to meet realistic goals.

There are a few general guideposts which may or may not apply to your company or your individual situation. Use your best judgment. It may be of benefit to speak with legal counsel before you lose your job. I hope that these problems will not arise for you. But if they do, knowing your legal rights may help you to get the best achievable result.

Szaferman, Lakind, Blumstein, & Blader, P.C.
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