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  1. #1
    Join Date
    Aug 2010
    Posts
    6

    Default Does a Progressive Discipline Policy Create an Exception to Employment-At-Will

    My question involves labor and employment law for the state of: New Jersey

    I have read that some state courts have found that a Progressive Discipline Policy, including performance improvement plans, creates a reasonable expectation of good faith and fair dealing in termination decisions. This creates an exception to the employment-at-will doctrine.

    Do New Jersey courts recognize this concept in determining whether or not employee lawsuits for wrongful termination can proceed?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Does a Progressive Discipline Policy Create an Exception to Employment-At-Will

    This is not necessarily true.

    While it has been held as being possible, it all depends on what action precipitated the termination.

    For instance, no court will demand a retail store to retain a thief because they haven't stolen 3 times yet.

  3. #3
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Does a Progressive Discipline Policy Create an Exception to Employment-At-Will

    Agree. Similarly, a Performance Improvement Plan does not create a guarantee of continued employment either.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Does a Progressive Discipline Policy Create an Exception to Employment-At-Will

    Agree with other responders. A progressive discipline policy does not have to be followed in all cases - depends on reason for termination & other factors.

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