Most people are employed at will in New Jersey and almost all other states. At-will employment means that an employer can decide to terminate an employee whenever the employer wants and for nearly any reason. However, employers can’t legally fire employees for unlawful reasons. When an employer’s reason for firing an employee violates a statute,
Many people know that it is illegal to discriminate against someone else based on their religion at work. However, they might not know whether it is illegal to discriminate against someone in the workplace based on their absence of religious belief. For people who are atheists or agnostics, it might not be clear whether the
Applicants and employees who are disabled are protected against employment discrimination based on their disabling conditions under the Americans with Disabilities Act (ADA). Disabled workers can ask for reasonable accommodations that can help them perform the tasks of their jobs. Determining whether or not a requested accommodation is reasonable can be a sticking point for
Most people know that discrimination refers to being treated unfairly as compared to how others are treated. While discrimination might be unfair, it is not always illegal. Unlawful discrimination occurs in the workplace when someone is discriminated against based on their protected characteristics, and this type of discrimination can happen at any time during the
While most employers in the U.S. are required to comply with the minimum wage and salary requirements of the federal Fair Labor Standards Act, employers located in states with higher minimum wages must instead comply with the more generous state laws instead of the federal minimum wage law. Under federal law, employers must pay a
The Family and Medical Leave Act (FMLA) is a federal law that applies to state and local employers and certain private employers. Companies in the private sector must comply with the FMLA when they have 50 or more employees who work within 75 miles of each other. Not all employees who work for covered employers
Many New Jersey employees work for employers that are covered by the federal Family and Medical Leave Act (FMLA). Employees who meet the eligibility requirements are entitled to unpaid time off from work for qualifying reasons, including their serious health conditions, care for seriously ill immediate family members, and more. A covered employer must provide
Some employees who take medical leave from work question whether they should return. Some employees might want to quit their jobs while they are out on leave. There are several things you should consider when you are thinking about quitting your job, including practical matters and legal issues. The first concern will likely be your
Unfortunately, some employees in New Jersey suffer harassment based on their protected characteristics at work. Harassment is a form of illegal discrimination and should not be tolerated by employers. If you are being harassed at work based on your protected characteristics, it is important to understand your rights. Here is what you should know about
Some employees who work in New Jersey are victimized at work. Unfortunately, some people don’t recognize that there is a problem until victimization has already occurred. Supervisors should know the signs of workplace victimization to protect their employees. Here is what you need to understand about this problem from the attorneys at Swartz Swidler. Understanding