Employment Law FAQs
The legal team at Sidney L. Gold & Associates, P.C. provides legal counsel and representation in all areas of employment law. Employees can rely on the experience and commitment that defines our law firm’s reputation. Employees typically have many questions concerning the legality of their employer’s actions. The knowledgeable and experienced employment lawyers at our firm have the answers and provide the services you need to ensure you are treated fairly in the workplace.
What is Employment Law?
Employment law is an area of law that protects and defends the legal rights of employees and employers. New Jersey’s Law Against Discrimination (NJLAD) protects employees from discrimination based on their race, religion, national origin, sex, age, gender identification, marital status, pregnancy, sexual preference, or disability. These laws also protect an employee from harassment or retaliation in the workplace, and from wrongful termination.
New Jersey also enforces employee rights under the Family & Medical Leave Act (FMLA), New Jersey Family Leave Act (NJFLA), wage and hour laws, severance agreements, and non-compete or non-solicitation laws.
What is an “At Will” Employee?
An “at will” employee is one that is hired without a definitive contractual agreement on the terms of separation from the company. An “at will” employee can be fired for any reason, so long as the employer does not violate any state or federal laws. In the same sense, an “at will” employee can leave the company at any time, for any reason.
What is Unlawful Discrimination in the Workplace?
Federal and state anti-discrimination laws make it illegal for any employer to refuse to hire, demote, terminate, refuse to promote, or treat an employee unfairly based on their race, sex, religion, national origin, pregnancy, age, marital status, sexual orientation or gender identification, or disability. Employees are also protected from harassment of any kind in the workplace, including sexual harassment or harassment that leads to a hostile work environment. New Jersey’s Conscientious Employee Protection Act (CEPA) protects employees from retaliation for reporting discriminatory or unlawful practices by an employer.
What is a Hostile Work Environment?
A hostile work environment is created when an employee’s job performance or employment suffers because of undue stress and anxiety, physical harm or threat of physical harm from managers, supervisors, or colleagues. Sexual harassment that includes unwanted physical contact, offensive language of a sexual or discriminatory nature, inappropriate jokes, derogatory remarks, insults, threats of violence, or physical or sexual assault can all create a hostile work environment.
Employees who are unable to carry out their work duties or are unable to continue employment because of this hostile work environment can bring suit against their employer if they were aware of the situation but do not put a stop to the abuse.
What is Wrongful Termination?
An employee without a term employment contract or one that is hired “at will” can be terminated at any time, so long as the reason for termination was not based on discrimination or in retaliation for reporting the illegal actions of colleagues or an employer. Contractual employees with stipulations outlining specific terms of separation may be able to bring a wrongful termination or breach of contract lawsuit against an employer if their contractual stipulations for termination were violated.
Am I Entitled to Accommodations for My Disability?
Federal anti-discrimination laws and the New Jersey Law Against Discrimination (NJLAD) as well as the Equal Employment Opportunity Act (EEOCA), and the Americans with Disabilities Act (ADA) provide protection for employees with disabilities. An employer is responsible for providing reasonable accommodations for those who need them, including but not limited to: handicap accessible ramps and restrooms; reduced physical demands or modified work schedules; equipment modifications; and providing readers or interpreters for blind or deaf employees. The accommodations are considered reasonable if they permit an employee to successfully perform their job tasks without creating an undue financial burden on the employer.
Cherry Hill Employment Lawyers at Sidney L. Gold & Associates, P.C. Provide Counsel and Representation in all Areas of Employment Law
If you or someone you know has a legal question or is in need of counsel or representation for an employment law issue, call the Cherry Hill employment lawyers at Sidney L. Gold & Associates at 215-569-1999, or contact us online to schedule a free consultation today. Our Pennsauken, New Jersey and Philadelphia offices serve clients throughout Cherry Hill and South Jersey.