MONTVILLE EMPLOYMENT LAW ATTORNEY

TAKING ACTION WHEN YOUR RIGHTS ARE VIOLATED

Hostile Work Environment

Being in a hostile work environment means you are constantly made to feel harassed or intimidated. This could be because of any of the protected characteristics mentioned above, such as race, ancestry, or gender. For a situation to be considered hostile in New Jersey, the conduct causing needs to be frequent and severe. If you suspect that you have a hostile work environment case, speak to a Montville Employment Law Attorney.

FAQs: Employment Law in Montville, NJ

What qualifies as wrongful termination in New Jersey?

Wrongful termination in New Jersey occurs when an employee is fired for an illegal reason, such as discrimination based on race, disability, or national origin, or in retaliation for reporting illegal activity or exercising a legal right. New Jersey is an at-will employment state, which means most firings are legal even without a reason, but there are important exceptions under laws like the New Jersey Law Against Discrimination and the Conscientious Employee Protection Act. If you were fired shortly after reporting harassment, requesting medical leave, or filing a workers’ compensation claim, those circumstances may support a wrongful termination claim worth reviewing with an employment lawyer.

Can I sue my employer for harassment in New Jersey?

Yes. New Jersey’s Law Against Discrimination protects employees from workplace harassment based on protected characteristics, including race, sex, disability, religion, and national origin. To support a harassment claim, the conduct generally must be severe or pervasive enough that it creates a hostile work environment, and you should document incidents as they occur and report them through any internal complaint process your employer has in place. An employment attorney can review the details of your situation and advise you on whether the conduct meets the legal standard and what steps to take next.

How does New Jersey protect whistleblowers in the workplace?

The Conscientious Employee Protection Act, commonly called CEPA, is one of the broadest whistleblower protection laws in the country and applies to employees across New Jersey who report or refuse to participate in illegal workplace activity. Under CEPA, an employer cannot fire, demote, or otherwise retaliate against an employee for disclosing a violation of law to a supervisor or a public agency. Employees who are retaliated against under these circumstances can file a CEPA claim, but they must do so within one year of the retaliatory action, so reaching out to an employment lawyer quickly is important.

What are my rights under the New Jersey Family Leave Act?

The New Jersey Family Leave Act gives eligible employees the right to take up to 12 weeks of unpaid leave in a 24-month period to care for a seriously ill family member or to bond with a newborn or newly adopted child. Employers are prohibited from retaliating against employees for requesting or taking this leave, and they must restore employees to the same or an equivalent position when they return. If you were fired, demoted, or otherwise penalized after taking or requesting family leave in New Jersey, you may have a claim under the state Family Leave Act, the federal Family and Medical Leave Act, or both.

What should I do if I think I am being discriminated against at work in New Jersey?

If you believe you are experiencing workplace discrimination in New Jersey, start by documenting every incident carefully, including dates, what was said or done, who was present, and how the conduct affected your work. Report the discrimination through your employer’s internal complaint process if one exists, since this creates a record that can support your claim later, and keep copies of anything you submit or receive in response. Discrimination claims under the New Jersey Law Against Discrimination must generally be filed within two years of the discriminatory act, so consulting with an employment lawyer sooner rather than later gives you the best chance of protecting your rights and pursuing any available remedies.