Human Resource Blog

90 day period

I hired a sales associate and she lied about more than a few things one in particular was she was cutting her hours with me to work at her other job. I called her on it and released her. New Jersey is an “at will state” and she was within her 90 day probationary period so I didnt think there was anything wrong it was not a good fit and I felt I was within my right. She called my boss and HR and they both decided I was wrong and hired her back what do I do? do I have any rights in this case

Employee terminations should be done after a complete investigation and should be handled by the Human Resource department or legal department.

If you hired that employee for a specific number of hours per week, and she could not comply due to another job, you had a legal right to terminate her during the probation period. However, it still should have been discussed with your supervisor and the Human Resource department.

Accusing the employee of lying is never an appropriate response; you should have discussed your concerns with your supervisor or Human Resource department. An investigation should have been done prior to termination.

New Jersey is an “employment at will state” provided employers do not discriminate against any employee or potential employee in any job related action on the basis of race, creed, national origin, nationality, color, marital status, sexual orientation and mental or physical disability. Discrimination applies to any job related actions, including recruitment, hiring, promotions and discharge. Terminations are best left to discussion with Human Resources who know the laws and implications of termination.