Top 5 Rights Every Employee Should Know About in the Workplace

In spite of New Jersey’s stringent laws protecting workers, workplace violations are still rampant. For example, last year, the US Department of Labor recovered $124,000 in back pay and damages for restaurant workers at one New Jersey restaurant alone.

Wage theft is only one type of workplace violation. Harassment, discrimination, and wrongful termination are also widespread. These illegal actions create hostile workplaces and deprive workers of their livelihoods. Therefore, it’s essential to understand labor laws and your employee rights to protect yourself.

This is especially true with changing federal support under a new administration in Washington. The good news is that you can seek legal advice right here in New Jersey for issues like wage disputes and wrongful termination. You don’t have to rely on overburdened and backlogged federal agencies to protect your employment legal rights.

The attorneys at McOmber McOmber & Luber specialize in employment law. We’re here with proven success to help you in the event you feel your rights have been violated.

The Top 5 Employee Rights

To protect yourself in the workplace, these are the top five rights you should know.

1. Right to Fair Compensation and Benefits

You have the right to be paid at least New Jersey minimum wage, plus overtime pay, if you qualify by working extra hours. You must also be paid commission and other types of compensation, including severance, as per your employment agreement or contract.

Wage theft is not paying employees as per state law. This could be underpayment or refusing to pay for overtime. It could be withholding commission from a terminated employee.

Wage disputes are a common reason clients consult McOmber McOmber & Luber. We help employees recover due wages and secure additional benefits through legal intervention, including taking employers in many industries to court. Some of our recent successes include:

• $3,150,000 in a class action suit over wage and hour violations
• $560,000 in a wage-hour class action suit
• $401,085 in a severance agreement case

Results may vary depending on your particular facts and legal circumstances.

2. Right to a Safe and Respectful Workplace (Addressing Harassment and Hostile Work Environments)

All workers are entitled to a safe work environment. That includes a workplace that is free of harassment or hostility.

Harassment can take many forms, such as:

• Inappropriate jokes or messages
• Sexual innuendo or assault
• Bullying and overt hostile behavior
• Threats and abusive actions

Harassment often overlaps with discrimination (see below). It can also escalate into intimidation and retaliation, such as with whistleblowers who alert others to the employer’s workplace violations.

Harassment is another area where partnering with legal counsel can be helpful. We can advise you on how to document unlawful actions by your employer. Then, we can assist in stopping the behavior to restore workplace safety and dignity or in collecting damages if the situation is particularly harmful.

McOmber McOmber & Luber have won multiple lawsuits and settlements on behalf of our clients. These have totaled in the millions of dollars for harassment, sexual harassment, and whistleblower cases.

Results may vary depending on your particular facts and legal circumstances.

3. Right to Protection Against Wrongful Termination

Wrongful termination means ending a worker’s employment for illegal reasons. Some common wrongful termination scenarios are:

• Firing a female employee because of pregnancy
• Terminating a worker because of protected status
• Letting a whistleblower go as a form of retaliation
• Ending someone’s employment to avoid payment

For instance, some unscrupulous employers wrongfully terminate employees at the end of a quarter in an attempt to avoid paying them rightfully earned commission. Or workers might be fired for exposing unsafe work conditions or discrimination. This is known as whistleblower retaliation.

The key to making a solid case here is to document as much as you can and speak with our attorneys without delay. An employment lawyer can help you:

• Get your job back (reinstatement), if that is desired
• Stop future wrongful terminations with other workers
• Fight additional workplace violations, like wage theft
• Get back pay or damages if they are owed to you
• Eliminate bad references or industry blacklisting

We have an excellent track record in this area. Wrongful termination often coincides with other violations, such as wage theft, discrimination, and harassment. We’ve won millions for our clients in these areas.

Results may vary depending on your particular facts and legal circumstances.

4. Right to Equal Opportunity and Non-Discrimination

There are many protected groups in the workplace, including but not limited to:

• Race
• Age
• Disability
• Religion
• Gender
• Orientation

It is illegal to discriminate against an employee because of their protected status. Discrimination can manifest as refusing to hire someone, paying an employee less than others, failing to promote a deserving worker, or not making reasonable accommodations for special needs.

New Jersey law is designed to protect employees from discrimination. You can file a complaint with state and federal agencies, but be aware that this can be a long and unpredictable process. It’s better to partner with an attorney in this situation, as they can help speed up the process and help you receive the right to sue in court if necessary.

McOmber McOmber & Luber are proud to have triumphed in many landmark discrimination cases, including:

• Employment discrimination ($550,000)
• Sexual orientation discrimination ($1,070,000)
• Gender discrimination ($400,000)
• Racial discrimination ($400,000)
• Religious discrimination ($395,000)
• Disability discrimination ($320,000)
• Age discrimination ($150,000)

Results may vary depending on your particular facts and legal circumstances.

Our ultimate goal is always to help our clients achieve workplace equality. While winning damages offers clients compensation for their pain and suffering, we also want to ensure they will experience greater inclusiveness moving forward.

5. Right to Privacy and Protection of Personal Information

You have a right to privacy in the workplace. That includes your personal information, which is increasingly more vulnerable with new technology and online communications. What are some typical workplace privacy violations?

• Recording or filming where there is an expectation of privacy
• Accessing or sharing personal health information
• Collecting or disclosing genetic information without consent
• Requiring employees to share their social media passwords
• Putting an employee’s Social Security number at risk

It’s not inappropriate for employers to monitor internet search histories for workers on company computers, for instance. But it is a violation of privacy to require them to hand over their personal social media passwords so their accounts can be screened.

Similarly, your employer is required to collect your Social Security number for tax purposes. However, they cannot post it where it can be publicly accessed, and they must take measures to guard the safety of your number to prevent identity theft.

We routinely fight privacy violations and data misuse at our firm. Our purpose in helping clients is twofold. The first goal is to improve privacy in the workplace for the future. The second is to obtain settlements or verdicts for the employee, if warranted, following a privacy breach or violation.

FAQs

What if workplace rights are being violated with many employees where I work?

In some cases, this makes it easier to prove the violations because there are witnesses. It might even be grounds for a class action suit with many people suing together for workplace rights. The best strategy is to speak with your attorney, and they can advise you about how to proceed, alone or as a class.

Is there a time limit for filing a complaint for a workplace violation?

In many cases, yes. This is known as a statute of limitations. The time limit can vary based on the type of violation. This is why we urge employees who have endured workplace violations to speak with an attorney as soon as possible so they don’t lose the right to take legal action.

Is it legal to make employees work through their lunches or breaks?

No, you are entitled to take a certain amount of time for lunch and/or a break, depending on the number of hours worked in a day. Denying employees their legal break times is a form of wage theft. We are happy to help you fight this at your workplace.

My employer has cameras in the restrooms. Is that legal?

A bathroom is a place where there is an expectation of privacy, so placing cameras there is not legal. An attorney can help you get the cameras removed and see if you are entitled to any damages.

At a job interview, the manager asked if I planned to have children soon. I said yes and was denied the job because of this. Is that discrimination?

Yes, this is a classic case of discrimination. An employer cannot refuse to hire someone or fire them because of pregnancy or planning a pregnancy. An attorney may be able to help you receive compensation for this discrimination.

My manager encourages my coworkers to make fun of my hijab, which I wear for religious reasons. I say it’s harassment, but they say it’s “just joking.” Who’s right?

Your religion is part of your protected status as an employee. Making fun of you for religious wear (or many other reasons) is harassment. And it also overlaps with discrimination. An attorney can help you put a stop to hostile workplace behavior.

Can you review my employee agreement or contract for a new employer?

Yes! One of the best ways to fight workplace violations is to have a solid written employee agreement in place before starting work. Everyone is on the same page. And you’ll have a written record in case you need it for the future. We also review severance agreements for employees being terminated for similar reasons.

Recap: Know Your Rights and Consult Our Attorneys If Your Rights Are Violated

To sum up, you should now understand your five key rights in the workplace:

1. Right to fair compensation and benefits
2. Right to a safe and respectful workplace
3. Right to protection against wrongful termination
4. Right to equal opportunity and non-discrimination
5. Right to privacy and protection of personal information

These rights are meant to empower employees and protect their rights at work. It’s wise to be vigilant and take a proactive stance if there are issues in your workplace. You don’t have to suffer in silence or put your livelihood at risk when there are New Jersey laws and attorneys to protect you.

Have you had your workplace rights violated? McOmber McOmber & Luber are experienced in employment law and welcome the chance to speak with you. We can tell you if you have a case and help you formulate next steps, including suing your employer in court.

Your first step is to set up a free initial consultation to see where you stand. Call our law offices to schedule an appointment. Or reach out online to tell us about your concerns. Don’t delay, as workplace rights violations rarely get better on their own. The sooner you get in touch, the faster you can take steps to improve your workplace or get compensation you are owed.