New Jersey Termination Letter (Substance Abuse)
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How to fill out Termination Letter (Substance Abuse)?
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FAQ
No, an employer generally does not need to tell an employee why he or she was fired. There is no law that requires an explanation. However, if there is an employment contract, the contract may require one.
New Jersey is an "employment at will" state, meaning that an employer or employee may terminate the relationship at any time, without a reason and without cause.
All employers must give their employees written Notice to Employee as to Change in Relationship form upon termination. If it is a promotion or demotion, change in location, change in work assignment, voluntary quit, or work stopped due to a trade dispute, the form is not required.
New Jersey law does not require a notice of separation from either the employee or employer. However, if an employer has a policy on notices of separation and that policy is recognized as an enforceable contract, a notice of separation may be required from the employer and/or employee in accordance with the policy.
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.
In New Jersey, it is considered wrongful termination when an employee is dismissed, laid off, fired, or otherwise terminated for an illegal reason, such as discrimination.
Federally, and in most states, a termination letter is not legally required. In some states, currently including Arizona, California, Illinois and New Jersey, written termination notices are required by law. Some of these states have specific templates employers must use for the letter.
Employees leaving or terminated for any reason, including labor disputes, shall be paid all wages due not later than the regular payday for the period in which the termination occurred. An additional 10 days may be allowed in the event of a labor dispute involving payroll employees.
Put Documentation in Employee File: All documentation, including receipts for returned items and termination letters, need to go into that employee's file. You can include documentation for discipline, warnings, and performance reviews that help show why you're firing that employee.
