[NJ] [NJ] A company let me go after 2 months of employment because of poor work performance, but I think it was retaliatory. What can I do?
A company let me go after 2 months of employment because of poor work performance, which is not true. I called them out on the lack they had for years. I interviewed for a full-time employment yet they hired me as temp, forcing me to leave my previous employment. Now I’m jobless.
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in New Jersey, employment is “at-will.” This means that employers can generally terminate employment for any reason — as long as it’s not discriminatory or retaliatory.
That said, there are exceptions and potential legal options:
1. Breach of Contract:
If you had a written or implied contract and the company did not follow its terms (for example, if they promised full-time employment but terminated you under false pretenses), that can be actionable in court.
2. Misrepresentation:
If they misled you during the hiring process — such as promising full-time employment to get you to leave your previous job — you may have a claim for fraudulent misrepresentation.
3. Discrimination:
If your termination was actually based on something protected like race, age, gender, disability, or religion, that would be illegal under federal and state law. (Title VII of the Civil Rights Act)
You could file a complaint with the EEOC.
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A company let me go after 2 months of employment because of poor work performance, which is not true. I called them out on the lack they had for years. I interviewed for a full-time employment yet they hired me as temp, forcing me to leave my previous employment. Now I’m jobless.
Lexi, Chatbot
I’m sorry to hear about your situation. Were you given any performance reviews or warnings before being let go?
No warning and no performance issues.
Lexi, Chatbot
Did you have any written documentation or evidence of the promises made during the interview process for full-time employment?
The offer said the first 3 months is an introductory period to see how I like the job with my supervisor.
Lexi, Chatbot
Is there anything else the employment lawyer should know before I connect you? Rest assured they’ll be able to help with wrongful termination.
No.
Elizabeth
Hi there! My name is Liz, and I’ve been an attorney for more than a decade. I’m here to assist with your legal concerns. So I can best help — in what state do you work?
New Jersey.
Elizabeth
in New Jersey, employment is “at-will.” This means that employers can generally terminate employment for any reason — as long as it’s not discriminatory or retaliatory.
That said, there are exceptions and potential legal options:
1. Breach of Contract:
If you had a written or implied contract and the company did not follow its terms (for example, if they promised full-time employment but terminated you under false pretenses), that can be actionable in court.
2. Misrepresentation:
If they misled you during the hiring process — such as promising full-time employment to get you to leave your previous job — you may have a claim for fraudulent misrepresentation.
3. Discrimination:
If your termination was actually based on something protected like race, age, gender, disability, or religion, that would be illegal under federal and state law. (Title VII of the Civil Rights Act)
You could file a complaint with the EEOC.
Yes, after the offer they said temp-to-hire, and I said I’m not leaving my current job for a temp job. That’s when things changed, and they said okay, full-time — yet the first 3 months is introductory to see if I would like to stay.
I have another question for the current job I’m with. I am on suspension with base (very low) pay pending investigation for harassment that occurred at the workplace. I’m currently seeking therapy.
Elizabeth
Apologies — what kind of harassment occurred?
Sexual/flirting — touching my hair, flirting, and then when I showed no interest, he put on my high heels to show co-workers he’s taller than me. I took my shoes off because they were hurting me.
Elizabeth
I am so sorry — that behavior falls under sexual harassment, which is illegal. You can file a complaint with the EEOC for harassment and a hostile work environment.
Okay. I am being retaliated against and suspended — and not him.
Elizabeth
I’m so sorry. Do you wish to file suit against them?
Yes, can I?
Elizabeth
Yes, it’s possible — but first, you must file with the EEOC. They will investigate and, if appropriate, issue you a “Right to Sue” letter, which gives you the legal clearance to pursue your case in federal or state court.
You may also choose to go through EEOC mediation if you prefer an alternative to immediate litigation.
Elizabeth
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