2. Wrongful Termination. Wrongful termination occurs when an employer fires an employee because he or she is a member of a protected class, is out of work due to family medical leave, refuses sexual advances, reports a discrimination issue, or is a whistleblower. While New Jersey is an at-will state for employment, wrongful termination occurs when an employee is fired for an unlawful or protected reason.
3. Retaliation. Retaliation occurs when an employer conducts an action intended to punish an employee for an act that is not punishable for law. For instance, an employee who is fired, demoted, or has a reduction in pay because he or she has reported discriminatory behavior, is a whistleblower or even reports a wage and hour issue has been the victim of retaliation. An employee calling ICE because he or she wants to get back at an employee or job applicant is also committing an act of retaliation.
4. Wage and Hour. Wage and hour claims arise when an employee is denied overtime pay (1.5x his or her salary for any hours worked over 40 hours in one week), classified as an exempt employee when he or she is not a manager, supervisor, makes under $23,650 a year or conducts work that qualifies as a nonexempt employee. This also occurs when an employee is classified as an independent contractor or is paid under the table. IN both instances, the employee is denied benefits and overtime pay which he or she rightfully deserves under the law and the IRS and state tax organizations are being denied money that is legally owed.
5. Sexual Harassment. Sexual harassment is unwanted physical contact, sexual advances, or sexual comments and jokes. Whether the employer, co-worker, supervisor, or non-employee is making sexual advances when the employee clearly said no or is told that accepting the advances will result in a better working environment (quid pro quo) sexual harassment is illegal and should not be tolerated.
6. Family Leave Act. Federal law allows an employee of a company of 50 or more people to take up to 12 weeks of unpaid time off from work to care for a relative with medical needs or bond with a newborn or adopted child without the fear of losing his or her job or pay. New Jersey also uses the New Jersey Family Leave Act to allow employees of any size company to take 12 weeks of paid leave from a job within 24 months to care for a sick family member or bond with a newborn or adopted child.
7. Whistleblower. In New Jersey, a whistleblower is an employee who reports unlawful activity to a person or public entity able to act on the information. This employee is protected under the law and cannot be fired or otherwise retaliated against. The New Jersey whistleblower laws also protect an employee who refuses to participate int eh illegal activity as instructed by the employer.
8. Employment Contract and Noncompete Clause. Employment contracts and noncompete clauses can be provided to an employee upon signing onto work with a company. However, there may be pieces of the contract or noncompete clause that are unenforceable.
Derek Smith
3 min. read
Derek Smith