In New Jersey, an employer (that is, a company) may not fire a worker for a reason prohibited by an employment contract, by statute, or by public policy.
In labor and employment litigation in federal courts situated in New Jersey and in the New Jersey state courts, some of the New Jersey state laws which companies frequently are accused of violating are the following. At the Law Offices of David S. Rich, LLC, we have substantial experience litigating, on behalf of employers and individuals, many of these claims and many others.
Conscientious Employee Protection Act, N.J.S.A. §§ 34:19-1 – 34:19-8: Prohibits all public and private employers from retaliating against employees who disclose, object to, or refuse to participate in certain actions that the employees reasonably believe are either illegal or in violation of public policy.
More particularly, the New Jersey Conscientious Employee Protection Act bars all employers from retaliating against an employee because the employee does any of the following:
- Discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer, or another employer, with whom there is a business relationship, that the employee reasonably believes (1) is in violation of a law, or a rule or regulation promulgated pursuant to law, or (2) is fraudulent or criminal;
- Provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation promulgated pursuant to law by the employer, or another employer with whom there is a business relationship; or
- Objects to, or refuses to participate in any activity, policy or practice which the employee reasonably believes (1) is in violation of a law, or a rule or regulation promulgated pursuant to law, (2) is fraudulent or criminal, or (3) is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment.
Discrimination In Wages Law, N.J.S.A. §§ 34:11-56.1 – 34:11-56.11: Prohibits all private employers, except for nonprofit hospital associations or nonprofit corporations, from discriminating in any way in the rate or method of payment of wages to any employee because of his or her gender.
Family Leave Act, N.J.S.A. §§ 34:11B-1 – 34:11B-11B-16 (the “NJFLA”): Requires private employers who employed 50 or more individuals for 20 or more workweeks during the then-current or preceding calendar year, and all public employers, to allow workers to take, and to return to their jobs after taking, as much as 12 weeks of unpaid leave in a 24-month period to provide care made necessary by reason of either (1) the birth or placement for adoption of a child or (2) the serious health condition of a child, parent, or spouse, or one partner in a civil union couple.
Further, the New Jersey Family Leave Act prohibits an employer from discharging or discriminating against an employee because the employee (1) has opposed a practice made unlawful by the NJFLA, (2) has filed a charge, or has instituted or caused to be instituted a proceeding, under or related the NJFLA, (3) has given or is about to give information in connection with an inquiry or proceeding relating to a right provided under the NJFLA, or (4) has testified or is about to testify in an inquiry or proceeding relating to a right provided under the NJFLA.
Law Against Discrimination, N.J.S.A. §§ 10:5-1 – 10:5-30: The New Jersey Law Against Discrimination prohibits all public and private employers, because of the race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait of any individual, or because of the liability for service in the Armed Forces of the United States or the nationality of any individual, or because of the refusal to submit to a genetic test or make available the results of a genetic test to an employer, to refuse to hire or employ or to bar or to discharge or require to retire, unless justified by lawful considerations other than age, from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment.
The Law Offices of David S. Rich, LLC will vigorously defend your company in labor and employment litigation in New Jersey, including wrongful termination lawsuits. If your company requires the skills of a wrongful termination attorney in NJ, call my office at (201) 592-7200.
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