In brief: employee termination law in the USA (New Jersey)

Discipline and termination

Are there state-specific laws on the procedures employers must follow with regard to discipline and grievance procedures?

New Jersey has no state-specific laws regarding discipline and grievance procedures.

At-will status and/or notice period?

New Jersey is an employment at-will state. As a result, either the employee or the employer may end the employment relationship at any time for no reason or any lawful reason, with or without cause, and with or without notice, subject to any agreed-upon contractual limitations.

What restrictions apply to the above?

Notwithstanding an employee’s at-will status, an employer generally may not terminate an employee’s employment:

• based on the employee’s membership in a protected class (i.e., for a discriminatory reason);
• when doing so would violate a clear mandate of public policy; or
• because the employee disclosed or threatened to disclose conduct of the employer that the employee reasonably believed to be unlawful or against public policy or because the employee refused to participate in such conduct.

Are there state-specific rules on when final paychecks are due after termination?

Under New Jersey law, all wages are due to a departing employee by no later than the regular payday for the pay period during which the employee’s termination takes place (N.J.S.A. § 34:11-4.3).

The information in this chapter was accurate as at 2 July 2021.