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Gerald-Esquire, Lawyer
Category: Employment Law
Satisfied Customers: 3988
Experience:  30 years of experience
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Not happy with part time telepsychiatry job of 4 years in

Customer Question

not happy with part time telepsychiatry job of 4 years in NJ; my contract (no benefits) has a 90 days clause to leave; I am looking to get out in 30 days which I understand is reasonable in NJ; my work is ER/crisis meaning I see patients once and am not responsible for follow-up; concern #1 is the possibility I get fired after giving notice; also I work in a physical ER in the state and have concern #2 about an injunction
Submitted: 1 year ago.
Category: Employment Law
Expert:  Gerald-Esquire replied 1 year ago.


As we discussed in your previous question, the injunction is more theoretical than actual. Also more aligns itself with the non-compete issue rather than the Notice to Quit issue. Also as we discussed, under New Jersey law, although there is no general law prohibiting non-compete clauses they are disfavored especially in regard to psychotherapy.

Also as we discussed there is no practical way to obtain an injunction on a 90 day Notice issue. By the time the process was begun the time would be over.

Lastly, any injunction could not effect previously engaged work, only competing work going forward. So this is not a real concern.

As to they possible termination. New Jersey is an employment at will state. This means that you can be terminated for any reason or no reason at any time and without notice. So there is no point being concerned that you may be terminated. The company must verify your employment with them, and if they were to give a negative reference about you they would be open to liability for defamation. Because of the Defamation issue attorneys who represent employers strongly advise their clients against giving any references and limit responses to inquiries by only verifying employment.

I have been on both sides of the table on these issues. It is very difficult for your employer to effectively enforce this 90 day provision or take any punitive action against you in regard to it. Aside from ending the relationship first, there really is little they can do and if they were to end the relationship first that may be better for you as a pragmatic matter.

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Kind regards,