A question we get with some frequency from New Jersey employers is whether they have to provide written notice or a warning to an employee before letting them go for misconduct or for any reason at all. The short answer is no. There’s no requirement that you engage in progressive discipline. There’s no requirement you provide a notice or warning. If somebody’s behavior steps out bounds, you can let them go. You really need to make sure that you’ve got your “i’s” dotted and your “t’s” crossed and document the reasons why you’re doing so. Be consistent in that application to all your employees. For example, if an employee gets into an accident in one of your vehicles and you don’t fire him but you fire the next employee that gets into an accident in one of your vehicles, you’ve got to answer questions about why you treated one employee differently than the other. If there’s a basis for discrimination claim, you could face a lot of difficulty.
This short informational blog was provided by Allan Richardson, a New Jersey Employment Lawyer for Employers. Please contact the law firm with any questions you may have and set up your initial consultation.