Discrimination and Harassment FAQs

What counts as workplace discrimination?

Workplace discrimination may occur when an employee is treated worse because of a protected characteristic such as race, sex, age, disability, pregnancy, religion, national origin, or another legally protected trait.

Is a racial slur at work illegal?

A racial slur may support a discrimination or hostile work environment claim depending on the severity, context, frequency, who said it, how the employer responded, and whether it affected the terms or conditions of employment.

Learn more about workplace discrimination lawyers.

Retaliation FAQs

What is workplace retaliation?

Workplace retaliation may occur when an employer punishes an employee for engaging in protected activity, such as reporting discrimination, complaining about unpaid wages, requesting protected leave, reporting harassment, or objecting to illegal conduct.

How do I prove retaliation?

Retaliation claims often depend on protected activity, employer knowledge, timing, negative job action, shifting explanations, and evidence showing a connection between the complaint and the punishment.

Learn more about how to prove workplace retaliation.

Wage and Hour FAQs

Can my employer switch me from hourly to salary?

An employer may be able to change your pay structure, but salary alone does not remove overtime rights. If you are non-exempt, you may still be entitled to overtime pay after 40 hours in a workweek.

Can I sue for unpaid overtime?

You may have an unpaid overtime claim if you are a covered non-exempt employee and your employer failed to pay overtime for hours worked over 40 in a workweek.

Learn more about FLSA attorneys.

FMLA and Medical Leave FAQs

Can my employer ask for a doctor’s note?

An employer may request medical documentation in some situations, including FMLA certification, sick leave, return-to-work, or accommodation issues. The rules depend on the type of leave, the employer’s policy, and applicable law.

Can I be fired after taking medical leave?

An employer should not fire an employee because they requested or used protected leave. If the firing is connected to FMLA leave, NJFLA leave, disability accommodation, pregnancy, or medical restrictions, the employee may have legal options.

Learn more about FMLA lawyers.

Whistleblower FAQs

What is a whistleblower?

A whistleblower is generally someone who reports, objects to, refuses to participate in, or provides information about conduct they reasonably believe is illegal, fraudulent, unsafe, criminal, or against public policy.

Can I be fired for reporting illegal conduct?

An employer should not punish an employee for legally protected whistleblower activity. If you were fired, demoted, disciplined, or threatened after reporting misconduct, you may have a whistleblower retaliation claim.

Learn more about whistleblower attorneys.

Severance and Unemployment FAQs

Should I sign a severance agreement?

Do not rush. A severance agreement may require you to release legal claims. It can be important to understand what rights you may be giving up before signing.

What if my employer contests unemployment benefits?

If your employer contests unemployment benefits, save the employer’s explanation, termination documents, warnings, performance records, and communications. In some cases, the employer’s statements may also matter for a wrongful termination, retaliation, or discrimination claim.

Learn what to do when an employer contests unemployment benefits.