It’s crucial for every employee in New Jersey to understand their rights in the workplace. Federal and state laws are in place to protect you from unfair treatment, and a New Jersey Employment Lawyer can be your strongest advocate when those rights are violated. This guide outlines key areas of employment law in New Jersey, ensuring you are informed and prepared.
Understanding Employment Discrimination in New Jersey
Employment discrimination is illegal. It occurs when employers make decisions based on protected characteristics rather than an employee’s merits. New Jersey law offers robust protections under the New Jersey Law Against Discrimination (NJLAD). This law prohibits discrimination based on a wide range of factors, including:
- Gender identity and sexual orientation
- Sex
- National origin
- Domestic partnership and marital status
- Disability
- Creed and color
- Military service
- Ancestry
- Age
Federal laws like Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA) also provide significant safeguards against discrimination. If you believe you’ve faced discrimination, a New Jersey employment lawyer can help you file claims with the New Jersey Division on Civil Rights or the Equal Employment Opportunity Commission (EEOC).
Protection Against Retaliation and Whistleblower Claims
Employees have the right to speak out against illegal workplace practices, including discrimination. This is considered “protected activity.” Unfortunately, some employers retaliate against employees who report wrongdoing or blow the whistle on illegal activities. Retaliation is illegal and can take many forms, such as:
- Wrongful termination
- Harassment and bullying
- Demotion
- Pay reduction
If you’ve faced adverse actions after reporting discrimination or illegal employer conduct, a New Jersey employment lawyer at our firm can help you assert your rights and fight back against unlawful retaliation.
Securing Reasonable Accommodations for Disabilities
Both federal and state laws, including the Americans with Disabilities Act (ADA) and the NJLAD, require employers to provide reasonable accommodations to employees with disabilities. A reasonable accommodation is an adjustment to the workplace or job duties that enables an employee with a disability to perform their job effectively, without causing undue hardship to the employer.
The law mandates an “interactive process” where employers and employees discuss accommodation needs to find suitable solutions. If your employer fails to engage in this process or denies a reasonable accommodation, a New Jersey employment lawyer can help you enforce your rights.
Addressing Workplace Harassment and Hostile Work Environments
Workplace harassment is unlawful when it’s based on protected characteristics and creates a hostile work environment or alters the terms and conditions of your employment. Harassment can manifest in various forms, including:
- Offensive slurs and jokes
- Bullying behavior
- Unwanted physical contact
- Verbal abuse and yelling
- Offensive memes and imagery
If you are experiencing or witnessing harassment, it’s vital to seek guidance from a New Jersey employment lawyer to understand your options and take appropriate action.
Resolving Employment Contract Disputes
While New Jersey is an “at-will” employment state, meaning employers can generally terminate employees for any non-discriminatory reason, employment contracts can alter this arrangement. Contracts outline specific terms and conditions of employment, which may include:
- Job security and termination clauses
- Vacation and sick leave policies
- Compensation and benefits
- Severance packages
- Non-compete and non-solicitation agreements
If you face a dispute related to your employment contract, a New Jersey employment lawyer can review your contract, explain your rights, and help you enforce its terms.
Recovering Overtime and Unpaid Wages
New Jersey wage and hour laws ensure fair compensation for employees. You are entitled to the state’s minimum wage, and non-exempt employees are legally entitled to overtime pay (time and a half) for hours worked beyond 40 in a workweek. Common wage and hour violations include:
- Failure to pay minimum wage
- Denying overtime pay
- Misclassification as exempt to avoid overtime
- Unpaid hours worked
If you believe you haven’t been properly compensated, a New Jersey employment lawyer can assist you in filing a wage and hour claim to recover your unpaid earnings.
Understanding Family and Medical Leave Rights
Both the federal Family and Medical Leave Act (FMLA) and similar New Jersey state laws provide employees with the right to take job-protected leave for family and medical reasons. Employees are entitled to leave under whichever law provides greater benefits. Leave may be necessary for:
- Your own serious health condition
- Caring for a family member with a serious health condition
- The birth or adoption of a child
- Military family needs
Navigating family and medical leave laws can be complex. A New Jersey employment lawyer can clarify your eligibility and help you secure the leave you are entitled to.
The Importance of Retaining a New Jersey Employment Lawyer
Employment disputes can be stressful and have significant impacts on your life. Employers often have greater resources, making it essential to have strong legal representation. Whether you are dealing with discrimination, harassment, wage issues, or contract disputes, a knowledgeable New Jersey employment lawyer is your best advocate.
Resnick Law Group serves employees throughout New Jersey and the New York metropolitan area. Our experienced attorneys are well-versed in federal, state, and local employment laws. We represent clients in Essex, Bergen, Hudson, Morris, Passaic, Somerset, Union, Middlesex, Mercer, Hunterdon, Warren, Sussex, and Monmouth Counties, as well as New York City and Westchester and Rockland Counties. For assistance, call us at (973) 781-1204 or contact us online.
Attorney Gerald J. Resnick is certified by the Supreme Court of New Jersey as a civil trial attorney, demonstrating a high level of expertise and commitment to legal excellence. Read more about certification requirements.
