In every state, except Montana, there is a presumption that an employment relationship is “at-will.” This means that you will likely be considered an “at-will” employee unless there is a written agreement in place stating otherwise, with some key exceptions. In an at-will employment relationship, an employer is free to terminate the...
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Can Verbal Conduct Create a Hostile Work Environment?
Harassment in the workplace can take a number of different forms. If you are suffering from actions that have created a hostile work environment, you may be able to seek redress by bringing a claim for workplace harassment. Such offensive actions often include verbal conduct. Even seemingly innocent remarks can make...
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New Jersey Hiring Discrimination
The New Jersey Law Against Discrimination, among other employment laws, protect New Jersey employees and prospective employees from employers discriminating on the basis of race, sex, religion, sexual orientation, disability, and age, among other protected classes, in taking employment-related action. This means discriminating based on a person’s membership in a protected...
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Combatting Misclassification of an Employee as an Independent Contractor
There has been a history of employee misclassification in New Jersey and across the United States. Unfortunately, the misclassification of what is actually an employee as an independent contractor means that the person misses out on critical employment benefits. Independent contractors are not just treated differently for tax purposes, but they do...
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How to Strengthen Your Sexual Harassment Claim
Sexual harassment is still a problem in workplaces across the U.S. and the State of New Jersey is no exception. This is true despite our advances as a society toward gender equally. It is true despite federal protections, such as Title VII of the Civil Rights Act of 1964, which makes...
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Workplace Discrimination and the Importance of Complaint Documentation
In the State of New Jersey, there are laws in place to guard employees against suffering discriminatory or retaliatory actions in the workplace. While the New Jersey Law Against Discrimination and the New Jersey Conscientious Employee Protection Act both offer such protections, bringing a successful claim pursuant to these laws can be...
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Can an Employer Require a COVID-19 Vaccine Before an Employee Comes Back to Work?
While the memories of lockdowns and quarantines may be falling into our not-so-distant memories, the COVID-19 pandemic persists. Employers may still be hesitant to bring remote workers back into the office, but the fact remains that more and more employers are opening their doors back up to workers. Returning to work in...
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What the WARN Act Means for Employees
There are a number of federal laws in place that grant key protections to promote the best interests of workers across the U.S. The Worker Adjustment and Retraining Notification (WARN) Act is one such law. In the most basic sense, the WARN Act grants protections to employees in the case of a...
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Why Employees Fail to Report Harassment in the Workplace
Employees should not have to suffer harassment in the workplace. In fact, it is illegal. There are both federal and state legal protections in place to safeguard against such behavior. Unfortunately, harassment in the workplace is far too common despite the laws geared at preventing it from persisting in U.S. workplaces. Despite...
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Should You Make a Claim for Unpaid Overtime Pay?
You may have always thought that getting a paycheck was straightforward. You put in your hours at work and receive a paycheck accordingly. Wage payment, however, can get complicated. For instance, there are overtime laws to consider. If you work overtime hours, your employer must pay you at the overtime premium rate....
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