By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Contract Attorney

In Part 1 and Part 2 of this series I introduced you to the factual background of an interesting case involving a breach of contract and tortious interference with economic benefits. Below I will explain some of the actions from the case as we continue.

Due to the lack of an agreement, plaintiff’s claim for breach of the implied warranty of good faith and fair dealing failed also to carry the day because no such warranty exists under New Jersey law in the absence of a contract. Even if there was a contract, the implied warranty of good faith and fair dealing is inapplicable to an “employment at will” relationship.  Specifically, the Appellate Division noted:

Since Plaintiff was working without a contract as an at-will

employee, the argument that every contract imposes a duty

of good faith and fair dealing is irrelevant.  One cannot read

terms into a non-existent contract.   Defendant had an absolute

right to terminate plaintiff without cause.

Therefore, plaintiff claims for breach of the implied warranty of good faith and fair dealing and breach of contract failed because there was no enforceable contract between at will employees of an employer.

I’ll conclude this case in my next post.

To discuss your NJ Contract matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com.  Please ask us about our video conferencing consultations if you are unable to come to our office.