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Can I fire employees for reasons other than poor performance in New Jersey? What are the requirements?

Based on the documents provided, firing employees for reasons other than poor performance is possible in New Jersey. However, there are requirements that employers must follow.

Discharge or Suspension for Unsatisfactory Work Performance [2.1]

An individual’s discharge for failure to meet the employer’s standard(s) relating to the quantity or quality of work shall not be considered misconduct, unless it is established that he or she deliberately performed below the standard(s), in a manner that is consistent with “misconduct,” and that the standard(s) was reasonable.

Disqualification for Misconduct Connected with the Work-General Principles [2.2]

An individual shall be disqualified for benefits for the week in which the individual has been suspended or discharged for misconduct connected with the work, and for the five weeks that immediately follow that week. If the individual’s discharge was for gross misconduct connected with the work because he or she committed an act punishable as a crime of the first, second, third or fourth degree under the “New Jersey Code of Criminal Justice,” 2C:1-1 et seq., the individual shall be disqualified for benefits for the week in which he or she was discharged and for each week thereafter until the individual becomes reemployed and works four weeks in employment and has earned at least six times the individual’s weekly benefit rate.

Duties of Employer [1.2]

Every employer shall provide each of his employees with employment and a place of employment which are free from recognized hazards which may cause serious injury, physical harm or death to his employees. Every employer shall comply with the occupational safety and health standards promulgated under the Act.

Employee Responsibilities and Rights [1.3]

Every public employee shall comply with the occupational safety and health standards and all regulations promulgated under the Act which are applicable to his or her own actions and conduct. Each employee shall comply with all orders issued by the employer in accordance with the Act and with this chapter which are applicable to his or her own actions and conduct.

Other Causes for Corrective Actions and Penalties [5.1]

The Department may assess corrective actions under 12:42-3.8 and/or penalties under 12:42-3.9 against a local area and/or a local board for any of the following: Failure to cooperate or comply with the Department’s performance review and technical assistance activities and services, including the performance improvement plan; Failure to cooperate or comply with a corrective action plan; Willfully hindering the Commissioner or any Department representative in the performance of his or her duties in the enforcement of this subchapter; Failure to comply with Federal law or regulations; Failure to comply with State statutes or rules; or Failure to comply with one or more contract provisions.

Based on the documents provided, employers can fire employees for reasons other than poor performance as long as they comply with the requirements set forth in the documents. Employers must establish reasonable standards for work performance and ensure that employees are not exposed to recognized hazards. Employees must comply with the employer’s orders and the occupational safety and health standards. Failure to comply with these requirements may result in corrective actions and penalties.

Source(s):
Jurisdiction

New Jersey