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royalmagenta

Termination: Letter

12 posts in this topic

Hi,

Quick question for employers in New Jersey...

A coworker was reading an article recently that stated NJ employers are required to issue a termination letter to terminated employees. I have worked in NJ for several years and this is the first I am hearing this. So...

 

When an employer in New Jersey fires an employee, is that employer required to issue a termination letter?  If so, does anyone have a templated letter that they are willing to share?

 

Also, what is the NJ statue that requires this action.  

 

Thank you.

 

Barbara

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Your co-worker mis-read the article. There is no such requirement in New Jersey UNLESS the employee is working under a contract. It does not apply to at-will employees, who will be the majority of employees in 49 out of 50 states (the 50th state being Montana).

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56 minutes ago, royalmagenta said:

does anyone have a templated letter

 

Why would you need one. Telling an employee the reason for termination isn't rocket science. It's so easy, even a caveman can do it:

 

"Grog, you fired, you work no good."

 

;)

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https://www.nj.gov/labor/wagehour/content/employer_faqs.html#q22

 

Q. Do I have to give notice when I am terminating or discharging an employee? Must an employee give notice of their intention to quit?

A. No. Notice is not required by either party based on the fact that New Jersey is an "employment at will" state, meaning that an employer or employee may terminate the relationship at any time, without a reason, without cause.

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5 hours ago, royalmagenta said:

Quick question for employers in New Jersey

 

FWIW, I doubt any "employers in New Jersey" follow these boards with any regularity.

 

 

5 hours ago, royalmagenta said:

A coworker was reading an article recently that stated NJ employers are required to issue a termination letter to terminated employees. I have worked in NJ for several years and this is the first I am hearing this. So...

 

When an employer in New Jersey fires an employee, is that employer required to issue a termination letter?

 

Not apparently.  Ask your friend to show you the article or provide a link to the article.  Then read the article yourself and see if you agree with his interpretation.  If it's available online, provide a link here so that we can read it.

 

 

4 hours ago, PayrollHRGuy said:

https://www.nj.gov/labor/wagehour/content/employer_faqs.html#q22

 

Q. Do I have to give notice when I am terminating or discharging an employee? Must an employee give notice of their intention to quit?

A. No. Notice is not required by either party based on the fact that New Jersey is an "employment at will" state, meaning that an employer or employee may terminate the relationship at any time, without a reason, without cause.

 

"Do I have to give notice when I am terminating or discharging an employee?"  Well...of course you do.  How else will the employee know he/she is being fired?***  I didn't click the link, but I have to assume this is talking about giving some sort of advance notice (e.g., the proverbial "two weeks' notice").  While I'm not 100% sure what the OP means by "a termination letter," I think this is a different issue than whether advance notice is required.

 

 

*** office-space-stephen-root-as-milton-1050

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There are states where, upon request, an employer is required to provide a "service letter" which includes, among other things, the reason the employment ended. The last time I looked, which admittedly was a few years ago, even in the states which have a service letter requirement it is only required if the employee requests it. . NJ is not one of these states.

 

There are states where, upon any type of termination (including voluntary) the employer is required to provide information on how to apply for unemployment. NJ is not one of these states.

 

NJ only requires written notice of termination when it is required by contract.

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On 10/5/2018 at 5:30 PM, pg1067 said:

"Do I have to give notice when I am terminating or discharging an employee?"  Well...of course you do.  How else will the employee know he/she is being fired?***  I didn't click the link, but I have to assume this is talking about giving some sort of advance notice (e.g., the proverbial "two weeks' notice").  While I'm not 100% sure what the OP means by "a termination letter," I think this is a different issue than whether advance notice is required.

 

Then you should click the link because it wasn't talking about advice notice.

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17 hours ago, PayrollHRGuy said:

 

Then you should click the link because it wasn't talking about advice notice.

 

The link is to a bunch of FAQs, most of which don''t have anything to do with the subject of the thread.  The one FAQ and answer that you quoted aren't clear as to what sort of "notice" is being discussed (which ultimately means we can assume that no notice of any kind is required).

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Okay, let's be clear.

 

1.) Unless WARN applies, no employer in NJ (or any other state) is required to give an employee notice (in the sense of time, such as two week's notice) that they are being let go. Anyone with a modicum of common sense ought to be able to figure out why not. If you can't, I'll provide you with some horror stories from a former employer who didn't have a modicum of common sense and whose mess I  had to clean up.

 

2.) Unless a legally binding and enforceable CBA or contract expressly states otherwise, no NJ employer is required to give an employee who is being fired a reason for the termination. "Mr or Ms Employee, after today your services are not longer required; please leave the premises and don't slam the door on your way out" is all that is necessary.

 

For the nitpickers among us, I will acknowledge that there are such requirements as COBRA notices or notices regarding the termination of other benefits. If that is what the OP wants to discuss I am happy to do so.

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49 minutes ago, pg1067 said:

 

The link is to a bunch of FAQs, most of which don''t have anything to do with the subject of the thread.  The one FAQ and answer that you quoted aren't clear as to what sort of "notice" is being discussed (which ultimately means we can assume that no notice of any kind is required).

 

The link I posted stated no notice was required.  No notice of any kind.  

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