In New Jersey, you can be fired for refusing to sign a non-compete agreement with your employer.  It is certainly unfair, but it is not illegal.  Absent a union contract or employment contract that prevents the employer from requiring you to sign a non-compete agreement, your employer can legally require that you sign the...

You may be entitled to overtime pay if you are a non-exempt employee under the law.  It doesn't matter how your employer labels you (exempt, contractor, salaried, etc.) because the law controls how you are actually paid and whether you are entitled to overtime.  Exempt employees are not entitled to overtime pay because they...

Can you have a verbal employment contract or employment agreement with your company?  The answer is yes.  New Jersey is an at-will employment state which means that you can quit your employment at anytime and for any reason.  The company can also terminate your employment at anytime, and for any reason, for cause or...

New Jersey courts will only enforce a covenant not to compete (non-compete agreement) in an employment contract if it is reasonable under the Solari/Whitmyer test.  A non-compete agreement or restrictive covenant is reasonable under that test if it: (1) protects legitimate interests of the employer; (2) does not impose an undue hardship on the...

Non-Compete Agreements must state specifically the type of competition that the employee is prohibited from doing during the non-compete period.  In KVL Audio Visual Services v. Hackworth (NJ Appellate Division, January 15, 2010), involved a non-compete clause prohibiting the employees from “accepting employment by or rendering services to any other business competing with [Employer]...

New Jersey law outlaws any form of discrimination or harassment due to a protected trait in both the employment setting and in so-called "refusal to deal" cases between vendors and customers.  For example, in a recent case, a woman who owns a tire company sued a rental company customer for ending the business relationship...

New Jersey employment attorneys agree that an employer has the right to read email of its employees that is sent or received on an email account owned by the employer.  But does the employer have the right to read an employee's email on her personal, password-protected Yahoo email account just because she read it...

The New Jersey Law Against Discrimination (LAD) outlaws an employer's reprisal against any employee who seeks protection under it, such as by filing a lawsuit for discrimination/harassment, reporting harassment, or cooperating in an investigation of harassment.  The anti-reprisal protections of the LAD also apply to retaliation that happens after an employee is fired --...

An adverse employment action pursuant to New Jersey law is a discharge, suspension, failure to hire or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of employment. An adverse employment action is not limited to only a termination, demotion or salary reduction. A withdrawal...

Have you been wrongfully terminated under the New Jersey Family Leave Act? In order to succeed on a cause of action under the New Jersey Family Leave Act alleging an adverse employment action, you must prove: (1) you were employed by the company; (2) you were performing your job satisfactorily; (3) a qualifying member of...