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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4528
Experience:  Exclusively practice labor and employment law.
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I was let go yesterday by my employer during my full time

Customer Question

I was let go yesterday by my employer during my full time probation period. I had worked for the company for 2 years part time and then was moved to full time in August 2016. HR told me today they didn't have to give me a reason because I was on probation. They said I have no recourse. Can I apply for unemployment?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: New Jersey
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time salaried, non union.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 24 days ago.
Category: Employment Law
Expert:  John replied 24 days ago.

There is no recognition under the law of a "probation period". In other words, "probation period" is just a term employer's create to give the employee an expectation of the the employment, but no law recognizes a probation period. That being said, you are an "at will" employee...that means you can be disciplined or terminated for any reason that is not otherwise a violation of law. These exceptions are the civil rights protections (e.g., age, race, sex, religion), violations of public policy (e.g., fired for attending jury duty, for refusing to break the law, for reporting illegal activity by the employer (aka a "whistleblower violation"), or having some contractual right to a just cause employment (meaning the employer cannot terminate you without industrial due process - which basically insures a fair and accurate investigation and decision). Without any of these exceptions, courts find that the employer has a legitimate business right to operate its business however it sees fit and the court will not second-guess the employer. These policies and decisions may in fact be awful and clearly not fair or even make good business sense. However, they are not ultimately unlawful.

You can however get unemployment insurance because you were terminated without good cause attributable to you.

Customer: replied 24 days ago.
Did you see my second explanation I sent to you about what happened?
Expert:  John replied 24 days ago.

No, I don't believe so.

Expert:  John replied 21 days ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). Thank you, ***** ***** wish you all the best with this matter.

Expert:  John replied 3 days ago.

Sorry to bother you, but you haven't yet provided a positive rating for this answer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit and I get no credit for the work I put into the matter. Thanks.