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Missing “At-Will” Language in Employment Agreement Leaves At-Will Status Up to the Jury, New Jersey Appellate Division Holds

By Steven J. Luckner
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In Halpern v. Marion P. Thomas Charter School, 2013 WL 4607437 (N.J. App. Div. Aug. 30, 2013) (unpub.), the New Jersey Appellate Division held that a teacher had overcome the presumption of at-will employment by showing that she had a contract for a term of employment that, due to a drafting mistake, did not include “at-will” terminology and did not contain a termination clause. In the absence of such provisions, the intent of the parties was unclear and the school’s motion for summary judgment should have been denied.

In Halpern v. Marion P. Thomas Charter School, 2013 WL 4607437 (N.J. App. Div. Aug. 30, 2013) (unpub.), the New Jersey Appellate Division held that a teacher had overcome the presumption of at-will employment by showing that she had a contract for a term of employment that, due to a drafting mistake, did not include “at-will” terminology and did not contain a termination clause. In the absence of such provisions, the intent of the parties was unclear and the school’s motion for summary judgment should have been denied.

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Steven J. Luckner
Office Managing Shareholder, Morristown

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Employment Law

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