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,
Being terminated from your job can be devastating. If you were recently fired, you might wonder whether you have grounds to file a wrongful termination lawsuit against your former employer. However, not all terminations are illegal even when they might seem unfair. Before you file a wrongful termination case, it’s important to understand what qualifies
If you believe your employer terminated you for an illegal reason, you might have grounds to file a wrongful termination claim. Since these types of lawsuits are complex, working with an experienced wrongful termination lawyer at Swartz Swidler might be critical in ensuring you receive the most favorable outcome. Most employees work at will, meaning
The Fair Labor Standards Act (FLSA) is a seminal federal law that establishes the federal minimum wage, the right to overtime pay, recordkeeping requirements, and certain standards for the employment of minors in the U.S. Some of these rights depend on the status of people as employees and whether they are classified as exempt or
If you think that your employer has treated you differently than other employees because of your protected characteristics, you might have grounds to file a discrimination claim. If you have evidence to support your suspicions, an employment discrimination attorney at Swartz Swidler will likely want to speak with you to evaluate your potential case. Here
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
Many employers in New Jersey classify certain workers as exempt employees. While statutory, non-exempt employees are entitled to overtime for hours worked beyond 40 in a week under the Fair Labor Standards Act (FLSA), exempt employees are not. The FLSA mandates that most employees should also be paid the minimum wage. Since New Jersey’s state
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