NEW JERSEY (NJ) EMPLOYMENT LAW

Morris County, New Jersey Employment Lawyer

Protecting Your Rights in the Workplace You don’t have to be an employee to bring an employment law case. A claim can arise at any time from before you’re hired – or not hired – to after you’re fired. If you feel you’ve been the victim of workplace discrimination, or want to know more about your employment rights, contact the Law Offices of James C. Dezao.

An employer isn’t required to hire you just because you’re the most qualified person who applies for a job. However, under federal law, an employer may not base employment decisions – including decisions about hiring, firing, job assignments, wages, and promotions -- on factors such as your:

• Age
• Sex
• Race
• Religion
• National Original
• Disability

New Jersey Law offers additional protections against discrimination based on:

•  Marital, Domestic Partnership, or Civil Union Status
• Sexual Orientation
• Gender Identity or Expression
• AIDS and HIV-Related Illnesses

Employers are prohibited from asking interview questions like “are you married?” and “are you gay?”

In New Jersey, employees are presumed to be “at will” and can be terminated for any legal reason. Illegal reasons include those listed above. However, even though it’s illegal to ask about national origin, prospective employees can be asked whether they can prove they’re eligible to work in the US. An employer may be liable to either female or male employees for sexual harassment.

This can include:

•  Direct sexual conduct, such as unwelcome sexual advances or statements
• “Quid pro quo” – the suggestion that job benefits such as raises and promotions will be offered in exchange for sexual favors
• A hostile work environment in which an employee is subjected to sexual, abusive, or offensive conduct because of his or her gender

The law also protects employees who have been fired for refusing to break the law, for being whistleblowers (reporting illegal activity by their employers), for filing a discrimination or safety claim, or for taking leave under the Family and Medical Leave Act (FMLA). And a company may not terminate an employee without following its own stated procedures and policies, which may include multi-stage disciplinary processes. If you believe you may have an employment-related claim, contact the New Jersey Law Offices of James C. Dezao. contact us form or call us today.