Employment Law for Employees
Employment Law for Employees
New Jersey employment law ensures that employees have certain rights in the workplace. These rights include wage and salary practices, a discrimination free workplace, and a non-hostile working environment. They also protect against retaliation or termination that occurs when employees complain about their employers' illegal practices, apply for Worker's Compensation, or take leave under the Family and Medical Leave Act. These laws make sure that if an employee feels they are not being treated fairly in the workplace, they can contact a New Jersey employment attorney and follow the proper legal recourse.
At-will Employment
When an individual accepts a position with an employer without a fixed contract it is considered at-will employment. This means that the employee may quit or be fired at any given time. Employers may also fire an employee for any reason that is nondiscriminatory. If there are specific reasons laid out by the company beforehand in a contract as to why an individual may be fired, then these rules must be followed when firing someone.
Discrimination in the Workplace
Sadly, discrimination in the United States has been a big problem in the workplace. Workers in New Jersey are protected at both the state and federal levels from workplace discrimination. At the state level, Law Against Discrimination or LAD has been put in place to outlaw discrimination against those individuals in protected classes. The LAD defines protected classes as race, color, creed, national origin, gender, cellular or blood trait, marital status, ancestry, age, atypical heredity, service in the Armed Forces, sexual orientation or handicap (which includes AIDS or HIV positive). An employment lawyer can help to prove if an employee was discriminated against in the workplace for any of these reasons.
Employees in New Jersey are further protected under federal law as well. Title VII of the Federal Civil Rights Act of 1964 makes discrimination in the workplace illegal at the federal level. These laws ensure that employers cannot make hiring or firing decisions based on any of these protected classes.
In addition to not being able to consider these protected categories, employers are not allowed to base their decisions based on someone’s past addictions, though current addictions can be considered during the hiring process. They do not have to hire someone who is disabled if the disability will interfere with their work.
Harassment
The LAD also protects employees in New Jersey from harassment. The New Jersey LAD defines harassment in two ways, quid-pro-quo, and hostile environment harassment. Quid-pro-quo is a situation where an employer offers opportunities or salary incentives in exchange for sexual favors. This is outlawed by the LAD and protects workers from being subjected to this type of harassment in order to succeed in the workplace. The second type of harassment deals with hostility in the workplace. A hostile work environment is defined as a situation where a supervisor or colleague harasses another employee based on their status in a protected class. This creates a hostile and uncomfortable working environment for the employee and is illegal.
Conscientious Employee Protection Act
In New Jersey, employees are encouraged to do the right thing for the greater good of the population and report unethical or illegal activities at work. These might include contacting the EPA over illegal dumping, or ICE regarding illegal aliens being hired for cheap labor. These practices are commonly referred to as whistle blowing and are protected in New Jersey by the Conscientious Employee Protection Act. This act prohibits an employer from retaliating against an employee for reporting illegal or unethical behaviors. In other words, if a fair accusation of an illegal activity is made against an employer, that employer is then barred from demoting or firing the employee for reporting them. Whistleblowers should seek out an experienced employment lawyer in NJ if they were unfairly retaliated against.
It can be very beneficial to know your rights in the workplace. While employment law is a huge subject and there are many complexities, the various legal rules and standards put in place are designed to protect employer and employee as well as the greater population. These laws also provide legal recourse for when they are broken.
At-will Employment
When an individual accepts a position with an employer without a fixed contract it is considered at-will employment. This means that the employee may quit or be fired at any given time. Employers may also fire an employee for any reason that is nondiscriminatory. If there are specific reasons laid out by the company beforehand in a contract as to why an individual may be fired, then these rules must be followed when firing someone.
Discrimination in the Workplace
Sadly, discrimination in the United States has been a big problem in the workplace. Workers in New Jersey are protected at both the state and federal levels from workplace discrimination. At the state level, Law Against Discrimination or LAD has been put in place to outlaw discrimination against those individuals in protected classes. The LAD defines protected classes as race, color, creed, national origin, gender, cellular or blood trait, marital status, ancestry, age, atypical heredity, service in the Armed Forces, sexual orientation or handicap (which includes AIDS or HIV positive). An employment lawyer can help to prove if an employee was discriminated against in the workplace for any of these reasons.
Employees in New Jersey are further protected under federal law as well. Title VII of the Federal Civil Rights Act of 1964 makes discrimination in the workplace illegal at the federal level. These laws ensure that employers cannot make hiring or firing decisions based on any of these protected classes.
In addition to not being able to consider these protected categories, employers are not allowed to base their decisions based on someone’s past addictions, though current addictions can be considered during the hiring process. They do not have to hire someone who is disabled if the disability will interfere with their work.
Harassment
The LAD also protects employees in New Jersey from harassment. The New Jersey LAD defines harassment in two ways, quid-pro-quo, and hostile environment harassment. Quid-pro-quo is a situation where an employer offers opportunities or salary incentives in exchange for sexual favors. This is outlawed by the LAD and protects workers from being subjected to this type of harassment in order to succeed in the workplace. The second type of harassment deals with hostility in the workplace. A hostile work environment is defined as a situation where a supervisor or colleague harasses another employee based on their status in a protected class. This creates a hostile and uncomfortable working environment for the employee and is illegal.
Conscientious Employee Protection Act
In New Jersey, employees are encouraged to do the right thing for the greater good of the population and report unethical or illegal activities at work. These might include contacting the EPA over illegal dumping, or ICE regarding illegal aliens being hired for cheap labor. These practices are commonly referred to as whistle blowing and are protected in New Jersey by the Conscientious Employee Protection Act. This act prohibits an employer from retaliating against an employee for reporting illegal or unethical behaviors. In other words, if a fair accusation of an illegal activity is made against an employer, that employer is then barred from demoting or firing the employee for reporting them. Whistleblowers should seek out an experienced employment lawyer in NJ if they were unfairly retaliated against.
It can be very beneficial to know your rights in the workplace. While employment law is a huge subject and there are many complexities, the various legal rules and standards put in place are designed to protect employer and employee as well as the greater population. These laws also provide legal recourse for when they are broken.