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Can I terminate employees without violating employment laws in New Jersey? What are the requirements?

Based on the context documents provided, there are several employment laws in New Jersey that employers must comply with when terminating employees.

Requirements for Termination

Employers in New Jersey must comply with the following requirements when terminating employees:

  1. Employers cannot terminate employees based on their salary history [3.1].
  2. Employers cannot terminate employees who are victims of domestic violence or sexually violent offenses for taking unpaid leave to address the situation [5.1].
  3. Employers cannot terminate employees if they are on strike or have been locked out [1.1].
  4. Employers cannot terminate employees if they are on the list of employers who are ineligible to receive certain financial benefits [4.2].
  5. Employers must provide notification of the termination or transfer of operations or mass layoff to the Commissioner of Labor and Workforce Development, the chief elected official of the municipality where the establishment is located, each employee whose employment is to be terminated and any collective bargaining units of employees at the establishment, if an establishment is subject to a transfer of operations or a termination of operations which results, during any continuous period of not more than 30 days, in the termination of employment of 50 or more employees, or if an employer conducts a mass layoff [4.1].
  6. Employers must provide to each employee whose employment is terminated severance pay equal to one week of pay for each full year of employment. If the employer provides any employee with less than the number of days of notification required pursuant to subsection a. of this section, the employer shall provide that employee with an additional four weeks of pay. The rate of severance pay provided by the employer pursuant to this subsection shall be the average regular rate of compensation received during the employee’s last three years of employment with the employer or the final regular rate of compensation paid to the employee, whichever rate is higher. Severance under this subsection shall be regarded as compensation due to an employee for back pay and losses associated with the termination of the employment relationship, and earned in full upon the termination of the employment relationship, notwithstanding the calculation of the amount of the payment with reference to the employee’s length of service. An employer shall provide an employee the severance pay required pursuant to this subsection or any severance pay provided by the employer pursuant to a collective bargaining agreement or for any other reason, whichever is greater [4.1].

It is important for employers to consult with legal counsel to ensure compliance with all applicable employment laws in New Jersey when terminating employees.

Source(s):
Jurisdiction

New Jersey