Under New Jersey law, absent an employment contract, all employment is at-will. In other words, an employer generally can terminate an employee at any time for any reason.
Breaching an employment agreement by terminating an employee can be considered a wrongful or unlawful termination. Breach of contract claims in the employment context are not as common as other employment termination cases because most employees are employed in an “at-will” basis.
Employers are not required to provide warnings or reasons for termination unless stipulated in an employment contract or company policy. However, terminations must not violate anti-discrimination laws or other legal protections.
If there is not a cancellation clause in the contract and no date of performance, the innocent party must give notice to the party in breach that time is of the essence and give him a reasonable time to perform.
New Jersey is an “at-will” employment state, meaning that employers are able to terminate employees at any time, with or without cause and notice is not required.
Regardless of what your grounds are, notice is required to terminate any contract. Typically, this notice will come in the form of a written document that clearly explains your decision to terminate the contract, why you wish to do so, and on what grounds.
If the contract is silent on the subject of termination notice periods, what is 'reasonable' notice will depend on the type of arrangement you have with your customer (including complexity, length of contract, damage to jobs etc). It must be very clear that this is a termination notice.
Unless that contract states that the company is an ``at will'' company and either party (the employer OR the employee) can terminate their side of the contract without notice.
Mutual Agreement: Both parties may agree to terminate the contract early. This is often the simplest and least contentious method. Termination Clauses: Many contracts include specific clauses that outline the conditions under which the contract may be terminated before its natural conclusion.