Company Shareholder Status Doesn't Bar Firing as At-Will Employee, Court Says
"There is no statute, case law or rule in New Jersey that addresses whether an employee's at-will status is a relevant consideration in analyzing whether an employee has a reasonable expectation of continued employment," the court said.
November 20, 2018 at 04:27 PM
4 minute read
A contractually designated at-will employee can be fired at an employer's whim regardless of whether that employee is a stockholder in the company, a New Jersey appeals court has ruled in a published decision.
The Appellate Division panel said an employment agreement providing that Nancy Van Istendal was an at-will employee who could be fired at any time was enforceable, even though she owned stock in the company, Metro Commercial Management Services.
“We conclude that she could not have a reasonable expectation of continued employment,” Appellate Division Judge Lisa Firko wrote in the Nov. 19 decision, joined by Judges Richard Hoffman and Karen Suter.
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