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As an employee in the State of New Jersey, you have NJ Employee Rights which create remedies for numerous issues that arise in the workplace.
If you are a member of a Union, then your Employee Rights will be setup in your collective bargaining agreement and will provide you with a grievance procedure to address any workplace issues. However, if you are not a member of a union and don’t have an employment contract, then you will be considered an at-will employee. This means that you can be fired or quit at any time and for any reason, so long as the reason is not protected by New Jersey Employment law.
A termination of an at-will employee will be considered illegal if the termination was discriminatory. New Jersey only protects discrimination relating to the following categories: age, gender, race, disability, nationality, religion, sex, pregnancy, sexual harassment, color, creed, nationality, national origin, domestic partnership status, union status, sexual orientation, perceived sexual orientation, military status and atypical hereditary blood and cellular traits. All other forms of discrimination that do not fall into these categories are not protected by NJ Employee Rights laws. For example, your employer could terminate you because you are a Giants fan and the manager is a Patriots fan. This is certainly discrimination based on the definition. However, it is not illegal discrimination.
You are also protected from any retaliation as a result of blowing the whistle on illegal or improper activity by your employer. Your employer cannot terminate you because you reported this activity. Your employer can also not retaliate against you for assisting with an investigation or testifying against the employer.
You also have NJ Employee Rights relating to the amount of wages and payment of overtime. It can be very complicated and time intensive to determine whether you are eligible for overtime pay. We suggest that you contact a NJ Employee Rights Lawyer to discuss your job situations and determine whether you should be provided with overtime pay.
If you have any questions regarding your NJ Employee Rights, please call our NJ Employment Lawyers for a free consultation to determine your rights.