Employment law provides powerful remedies to workers who have suffered illegal employment actions. For example, workers in New Jersey may sue for wrongful termination, harassment, or discrimination in employment. But can your employer ask you to give up your right to sue? The answer is complicated and depends on what you are being asked to give up. Call The Law Offices of Usmaan Sleemi to speak with a New Jersey harassment lawyer.
Your Employer Can Ask You to Sign an Arbitration Agreement
Your employer might include a mandatory arbitration agreement in your employment contract. This agreement states that you will arbitrate an employment dispute with your employer instead of filing a lawsuit in court. Many companies like these agreements because arbitration is private and often faster than a public lawsuit.
Generally, arbitration agreements are enforceable in New Jersey, like any other bargained-for agreement. For example, you might agree to arbitrate a wage and hour claim. Read your employment agreement to see if this clause was included.
Your Employer Might Ask for a Release of Claims as Part of a Severance Agreement
Some employers offer severance when they lay off or terminate a worker. This agreement typically includes paying the worker a sum of money and possibly offering benefits for a limited amount of time. In exchange, the employer wants a worker to give up something, and they typically include a release of claims.
By signing the release, a worker agrees to give up the right to sue under various laws, including the Conscientious Employee Protection Act (CEPA), Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the New Jersey Law Against Discrimination (NJLAD).
Employers ask for a release for a simple reason: to protect themselves. Often, they want to pay much less in severance than they might have to pay if they are sued and lose in court. Further, they might ask that you sign a non-disclosure agreement (NDA) so you don’t talk about any possible harassment or other activity on the job.
New Jersey Law Limits What Can Be Included in a Release
In 2019, New Jersey amended its Law Against Discrimination to prevent employers from including a release or waiver of rights related to harassment, discrimination, or retaliation. The courts will interpret any limitation on your rights as unenforceable.
Furthermore, a confidentiality agreement is unenforceable if it aims to prevent disclosure of the details of your claims. For example, you could still disclose details of sexual harassment, even if you signed an NDA.
These changes protect workers. Contact our office if you are reviewing a severance agreement that contains language limiting your ability to sue for harassment or discrimination.
Schedule a Consultation with Our Paramus Employment Lawyer
Negotiating an employment agreement or severance agreement is a complex task. A New Jersey hostile work environment lawyer is better able to protect your rights and can advise you if a release or waiver is legal under New Jersey law. Contact us to schedule a meeting with a member of our team.
