Employment Law

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New manager was told to clean house I'm sure...I was never…

Customer Question
New manager was told...

New manager was told to clean house I'm sure...I was never written up in 2 years. New manager comes, put me on a pip, and after 3 weeks told me I was being let go for performance...I filed unemployment they sent letter sayin I have interview in 5 weeks and also they have to investigate for misconduct..I was told performance

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Nj

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Not sure but I was full time there. I was an operations manager

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I looked in my handbook to see what would happen with all my vacation and sick days I never talk and the handbook was blank

Submitted: 10 months ago.Category: Employment Law
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Answered in 8 minutes by:
9/29/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 10 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,621
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

In employment law, without a contract of employment specifically stating that you can only be terminated for cause, you can legally be terminated without cause. Even when the employer gives a cause, it doesn't really have to be accurate for purposes of termination. Now, it does have to be accurate in order to block your unemployment and the employer has the burden of proving "misconduct" when they told you performance. All you can do is show up, state that you were terminated for "performance" based on a PIP and that there was never any misconduct that occurred.

New Jersey doesn't require pay out of vacation at termination unless the employer has a policy, either written or through common practice, of paying it out at termination. If they have a common practice of doing so, you should file a wage claim with your state's Department of Labor.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 10 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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