Giving your employer two weeks' notice before quitting or leaving is standard practice, but many people believe it's a legal requirement in New Jersey. This blog article will answer this question, as well as standard practices and legal issues surrounding employment. It's important to be aware of and understand the process if you are quitting your job in the state of New Jersey.
Follow the tips below to ensure you are within your legal rights. However, if you have questions surrounding any legalities at your job or if you were injured on the job, please contact the NJ employment law attorneys at Brandon J. Broderick, Attorney at Law. We can help you understand your rights and determine the correct steps to take.
What Does Giving A Two Weeks Notice Mean?
Giving your employer a two weeks notice is exactly that. An employee who provides their employer a two-week notice period before resigning their position. By doing this, an employer is given adequate time to find a replacement before the employee leaves. People usually accept a job offer and notify their employer that they're leaving after giving two weeks' notice. This is standard practice.
A two-week notice period is a courtesy and is usually expected by the employer. It is recommended to give notice face-to-face, even if it makes you uncomfortable. Your employer does not need an explanation for your choice. It is totally up to you how detailed you wish to explain your decision.
New Jersey is an At-Will Employment State
New Jersey is an employment at will state. What does this mean? It means that an employer can fire or terminate an employee at any time without offering a reason, as long as it's legal to do so. This is a default rule that the majority of states in the U.S. follow, including New Jersey. While this may sound unfair, there are circumstances where you are protected from a wrongful termination. New Jersey employment laws prohibit a company from firing an employee for a reason that is unlawful.
Employment at will is a two-way street though. While an employer can fire you without reason, as previously mentioned, an employee is also free to quit their job at any moment and for any reason.
With that said, it is not required by law to give an employer a two weeks notice before leaving, though it is customary and expected by the workplace. It is typical if you believe in fairness that you part ways amicably, especially if you would ever need an employer referral.
Wrongful Termination in NJ
New Jersey state laws prohibit an employer from terminating an employee for a reason that is unlawful. This includes:
- Gender
- Race
- Age
- Religion
- Disability
- Pregnancy
- Sexual Orientation
- Free Speech
- Whistleblower retaliation
- Reasons not detailed in your employment agreement
Additionally, laws are in place to shield workers from termination for disclosing unlawful activity or legal violations. Government employees at the state and local levels are also protected from termination for practicing their First Amendment rights to free speech and religion, along with other rights protected by the US Constitution.
Severance Pay
Some employment contracts and company policies stipulate that employees are entitled to severance pay in certain situations. Severance pay, for instance, is generally offered to employees who are laid off. This is a limited exemption to employment at will since it can shield you financially in the event that you are terminated without cause.
Similar protections are afforded to certain employees by laws such as the Worker Adjustment and Retraining Notification ("WARN") Act, which guarantees employees advance warning prior to certain mass layoffs and reductions in force, as well as severance pay in the event that they lose their jobs as a result.
Our NJ Employment Law Attorneys Are Ready To Assist You
If you think you were wrongfully terminated in New Jersey, it is important to speak with an employment attorney who is experienced in the state. You may be entitled to compensation.
Call us at Brandon J. Broderick, Attorney at Law to assist you with your legal matter. We offer free consultations. Schedule an appointment today.