Employment Rights

Employment law protects you from abuse of power at the workplace.

Do you feel that you were unfairly terminated? Perhaps you’re experiencing unfair treatment at your job to pressure you to quit. These kinds of workplace abuses may violate New Jersey employment law. If you find your circumstances thrown into turmoil by an abuse of authority at your present or former job, you may want to contact a New Jersey lawyer to evaluate your options.

New Jersey is an ‘employment at will’ state.

An ‘at will’ state permits an employer to terminate an employee – or an employee to quit – for any reason at any time. A significant personal dispute may be sufficient grounds for termination. However, if the employer’s reasons for termination can be tied to their opinions about your identity, they might have violated the New Jersey Law Against Discrimination (LAD).

The New Jersey Law Against Discrimination prohibits job-related actions, including discharge, on the basis of a protected category, including race, creed, color, national origin, ancestry, age, sex and others.

For a full list of protected categories and the scope of the New Jersey LAD, visit the New Jersey government’s web page on the Division of Civil Rights here.


I think my employer is creating a hostile workplace to get me to quit. What can I do?

The practice of creating such an adverse environment that an employee feels compelled to quit is known as “constructive discharge”. These cases place the burden of proof on the former employee, who must prove the employer took actions including:

  • Threatened to terminate the employee or suggested they resign
  • Demoted the employee, or conspicuously passed them over for promotion
  • Reduced the employee’s salary or benefits
  • Transferred them to an undesirable position
  • Changed their responsibilities
  • Subjected them to unfairly harsh performance reviewsConstructive discharge cases are more actionable if the employer’s actions also violate anti-discrimination laws, the Americans with Disabilities Act, or harassment laws.

I feel my employment rights have been violated. What should I do?

Although New Jersey is an ‘at will’ state, you are still afforded protections under employment laws. If you feel you’ve been targeted for workplace abuse and found your circumstances diminished, you might have an actionable case against that employer. Contact New Jersey lawyer David P. Schroth at 609-882-0041. He is one of the top New Jersey attorneys taking employment rights cases, and he can fight for what you deserve under the law.

 

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