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Regarding Employment Law in New Jersey, what are the ...

Sent to Employment Law Experts March 06 12:05 PM

Regarding Employment Law in New Jersey, what are the liabilities in transfering or terminating and older worker who is not producing and is not able to meet the core requirements of their position?

 

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Montvale, New Jersey

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Customer (name blocked for privacy)
Status:  Closed   Value: $15
Info Request
March 7 9:49 AM (21 hours and 44 minutes and 7 seconds later)
         
Hello,

Do they have a contract of employment? Is there a performance improvement program or other process within the company?

Regards

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Flagbridge-EL -- Consultant -- 100% Positive Feedback on 147 Employment Law Accepts
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March 7 11:57 AM (2 hours and 7 minutes and 8 seconds later)
         
Unfortunately I was just hired as the HR/Accounting Manager as there were no HR procedures in place including progressive discipline. There is brief documentation of the employee's performance issues per the supervisor and the EE has been spoken with several times although they are in denial. Bottom line they are holding back the department. There is only an "at will" agreement so no.
Customer (name blocked for privacy)
Answer
March 7 12:09 PM (12 minutes and 11 seconds later)
         
ACCEPTEDCheck Mark
Hello,

If there is no contract, no policy, and there has been a clear attempt to remedy (i.e. chats with supervisor) then there is no issue.

There is no State law saying what should be done for performance issues, as that would be a bar on the function of commerce

The key was if you had a policy in place.

I hope that helps. If so please click ACCEPT.

Regards

If this helps in any way please CLICK ACCEPT. The question will not close, and you may follow up if needed.

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Flagbridge-EL -- Consultant -- 100% Positive Feedback on 147 Employment Law Accepts
Honors Law Graduate, Passed New York Bar, Senior Legal Consultant
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March 7 12:13 PM (4 minutes and 39 seconds later)
         
Please give me more information on the Laws if this employee were to be terminated - when they filed a discrimintory case, they would have some key issues or what about if they are transferred to a position with less pay and hours? There case I woudl think, would be a new younger employee being hired in their place, the transfer or demotion? Please advise and I will accept.
Customer (name blocked for privacy)
Answer
March 7 12:38 PM (24 minutes and 39 seconds later)
         
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Flagbridge-EL -- Consultant -- 100% Positive Feedback on 147 Employment Law Accepts
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March 7 12:43 PM (4 minutes and 50 seconds later)
         
YEs
Customer (name blocked for privacy)
Answer
March 7 12:44 PM (43 seconds later)
         
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Flagbridge-EL -- Consultant -- 100% Positive Feedback on 147 Employment Law Accepts
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