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The U.S. Equal Employment Opportunity Commission (EEOC) is the agency responsible for enforcing laws against workplace discrimination, including sexual harassment. It defines sexual harassment as “unwelcome sexual advances, requests for sexual favors or other verbal or physical harassment of a sexual nature” in the workplace. Sexual harassment can take place between the victim and a superior, supervisor, co-worker, or non-employee, such as a client or customer. Perpetrators can be both male and female, and the victim does not have to be of the opposite sex.

According to the EEOC, simple teasing, offhand comments, or isolated incidents are not recognized as sexual harassment. To constitute illegal sexual harassment, the conduct must be severe or pervasive, often indicated by a pattern of behavior. There are two types of illegal sexual harassment: quid pro quo and hostile or offensive work environment.

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Sexual harassment in the workplace includes any unwelcome comments, conduct, or behavior regarding sex, gender, or sexual orientation. All employees should be aware of what constitutes sexual harassment and report any incidences that occur.

Examples of sexual harassment in the workplace include:

• Actual or attempted rape or sexual assault;
• Unwelcome deliberate touching;
• Pressure for sexual favors;
• Unwelcome and inappropriate comments;
• Unwanted gifts or communications;
• Treating employees differently based on their gender; and
• Retaliation against an employee for a sexual harassment complaint.

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This form of sexual harassment is categorized by a work environment that is hostile or abusive due to the unwelcome verbal or physical conduct of an employee or non-employee such as an outside sales representative or delivery person. The unwanted verbal or physical conduct must be severe or pervasive. Courts have described such conduct as that which creates an “arbitrary barrier to sexual equality at the workplace.”

Wrongful termination arises when an employee believes the employer illegally fired him or her. This occurs when an employee is fired and that firing breaches an employment contract or employment law.

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If your contract lays out grounds for termination the employer cannot fire you on other grounds. The contract itself can help prove wrongful termination by showing the grounds acceptable for termination and any policy or procedure articulated for termination.

Additionally, to show that wrongful termination occurred you must show that you engaged in a protected action and that the protected activity was the reason for the termination.

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“At-will” employment means that an employer or employee may terminate the relationship at any time, without reason or cause. An employer may not, however, terminate a worker’s employment for unlawful cause, such as in violation of NJLAD, in retaliation for reporting harassment or discrimination in the workplace, or for whistleblowing. If you suspect you’ve been terminated for an unlawful reason, you may have grounds for a wrongful termination claim.

Yes. There are multiple wrongful termination standards that protect employees in at-will employment relationships. This ensures that there are a multitude of scenarios in which a worker’s rights are protected, even for non-contracted work. For example, if a termination is a violation of public policy or of an implied contract, it can be disputed.

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No, you are not entitled to a warning before you are terminated. New Jersey is an “at-will” employment state, meaning that there is no legal obligation to provide advanced notice to an employee facing termination.

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The New Jersey Law Against Discrimination (NJLAD) firmly establishes that an employee cannot be fired for being a member of several protected classes. These include:

• Race;
• Age;
• National origin;
• Gender;
• Disability;
• Sexual orientation; or
• Pregnancy.

Employment law includes a wide variety of issues ranging from all areas of the employers and employee relationship. It includes the laws and rules regulating relationships between employees and employers.

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Your employment contract could potentially help your wrongful termination case. Another exception to at-will employment is the existence of an employment contract which sets forth:

• Acceptable grounds for termination; and
• Procedures and protocols to be followed by an employer when termination of employment will be sought.

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LGBTQ+ discrimination involves treating someone unfavorably because of that person’s sexual orientation or gender identity, including transgender status.

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Racial discrimination involves treating someone unfavorably because of that person’s race, skin color complexion, or because of personal characteristics associated with race (such as hair texture, skin color or facial features).

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Employee misclassification is when employers incorrectly label workers as independent contractors rather than employees to avoid paying taxes and other payments.

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Disability discrimination occurs when an employer treats a qualified individual less favorably than other employees or applicants because he or she has a disability.

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Gender or sex-based discrimination involves treating someone unfavorably because of that person’s sex, including the person’s sexual orientation, or gender identity (including transgender status).

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You may have experienced workplace harassment in your own occupation. If so,  you have options and help is available. A hostile work environment can take a toll in several ways.

Consider whether it’s time to hire New Jersey workplace harassment lawyers. An attorney can help you decide if you have a strong legal case against your employer due to the treatment to which you have been subjected.

If you’re not sure whether you need a lawyer yet, don’t worry, an attorney who is knowledgeable in workplace sexual harassment lawyer can help you consider your situation and options. Check out this guide to consider some questions you may have as a start.

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Pregnancy discrimination arises when an employer treats an applicant or employee unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

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Defamation is when a party makes a false statement about someone else that injures their reputation or causes them other harm.

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While each case is different, as a firm we are committed to delivering results and protecting your interests in an efficient and cost-effective manner. This means we will invest the time with you to discuss and understand your current needs and long-term goals. As a team, we will tailor a legal strategy that best serves you.

Yes. We are happy to talk with you about your case and discuss how we can help you. Once we agree to work together and you would like us to represent you, we will provide you with various options on how to move forward.  You can reach us at our Red Bank office at 732.842.6500, at our Marlton office at 856.985.9800, Newark office at 973.878.9040, at our New York office at 929.566.1300, at our Philadelphia office at (267).777.7800, toll free at 888.396.0736, or through our online contact form

The law is complicated and everchanging. Every day, federal, state, and local governments are passing laws that impact our lives. If you are a business owner, a lawyer will guide you the variety of rules and regulations you must comply with in order to avoid litigation.

On the flip side, if you are an individual, there may be several reasons why you may want to retain a lawyer, such as workplace concerns. 

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What To Do

If you experience sexual harassment in the workplace, you should take detailed notes of the harassment. This documentation can help with your sexual harassment claim and any potential, future litigation. These detailed records should include:

• Nature of the harassment
• When and where harassment took place
• Who was involved
• Any potential witnesses to the harassment

Next, you should contact a New Jersey sexual harassment attorney. A sexual harassment lawyer can inform you of your rights and any potential options going forward.

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Our attorneys and office staff are always available to help you. You can contact us via phone or online, and we will respond as quickly as possible. You can reach us at our Red Bank office at 732.842.6500, at our Marlton office at 856.985.9800, Newark office at 973.878.9040, at our New York office at 929.566.1300, at our Philadelphia office at (267).777.7800, toll free at 888.396.0736, or through our online contact form

Once you have an attorney assigned to your case, you will receive their firm e-mail address and you can contact them directly. Communication is critical so we will regularly keep you updated on your case especially as new developments arise. 

McOmber McOmber & Luber, P.C. is a regional firm that works predominantly in the New York/New Jersey/Philadelphia metropolitan areas. Our offices are in Red Bank, Marlton, Newark, New York, and Philadelphia and our attorneys are licensed to practice in New Jersey, Pennsylvania and New York. If you have a matter outside of the tri-state area, that is not a problem. We can apply to the court pro hac vice, which is a routine motion that allows us to temporarily practice in your state.

Yes, you can get fired for discussing politics on social media. New Jersey is an at-will employment state which means a private employer can terminate you for any reason or no reason at all.  Therefore, if an employer concludes that your speech is causing other employees to feel uncomfortable or is harming or interfering with its business, you could be disciplined or terminated. This extends to posting on social media, wearing political clothing, pins, masks, etc.  Make sure to read your employee handbook to find out what conduct violates your workplace rules.

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Federal and state laws provide new parents with maternity benefits and protections. Federal and state laws protect pregnant employees and newborn mothers in some of the following ways:

• Maternity leave
• Job security
• Protect employees from pregnancy discrimination and maternity leave discrimination
• Family leave insurance

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In the many states with at-will employment laws, employers are generally within their rights to fire a worker at any time, in any manner – including letter, phone call, or e-mail, provided the firing is not discriminatory or based on a person’s protected class status.

The Americans with Disabilities Act applies to all private employers with more than 15 employees, and all public employers regardless of the size. This means that these affected employers cannot discriminate against qualified individuals with disabilities.

Any qualified individual who can perform the essential function of the job, with or without reasonable accommodation, is protected against discrimination under the ADA.

No. FMLA coverage is generally available for “serious health conditions.” An employee who is asymptomatic and does not have a sick family member but is self-quarantining is not entitled to FMLA protection.

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In addition to coverage under the FFCRA, you may be eligible for benefits and protections as an employee under a number of state and federal laws, including the Family and Medical Leave Act (FMLA). COVID-19 worker benefits programs that may be available to you include:
-Unemployment;
-Paid sick time (state);
– Paid sick time (federal);
-Paid child sick leave; and
-Federal stimulus checks.

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No, you cannot. The FFCRA creates a discrimination claim which makes it unlawful for any employer to discharge, discipline, or discriminate in any other manner against an employee who takes leave in accordance with the Act.

New Jersey legislation prohibits employers from terminating or demoting employees who take, or request, time off due to an infectious disease, such as the coronavirus, that could affect others at work based on a written recommendation of a doctor. New Jersey legislation also precludes an employer from refusing to reinstate the employee to the position held when the leave commenced with no reduction in seniority, status, employment benefits, pay or other terms and conditions of employment.

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Yes. The paid sick time offered under the FFCRA must be granted in addition to any preexisting paid leave benefits. Your employer cannot modify its existing paid leave policy to avoid this obligation. Your employer also cannot require that you first use other paid leave benefits.

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The FFCRA gives employees who test positive for coronavirus the following benefits:

• Two weeks of paid sick leave at 100% of the employee’s salary.
• Pay is capped at 80 hours for full-time employees and at up to $511 per day.
• Part-time employees must be granted the amount of hours equal to the number of hours that the employee works, on average, over a two-week period.

In instances where the employee does not have coronavirus but a family member does, the FFCRA allows for:

• Up to ten additional weeks of paid family and medical leave at 67% of the employee’s salary.
• Pay capped at $200 per day.

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Depending on the mediator, the parties may start in a joint-session, where the mediator talks to all parties about the process of mediation and what the goals of mediation are. Sometimes the mediator will ask the representation for each party to make a short statement of their client’s position. After this initial joint-session, the parties will break out into separate rooms for the majority of the mediation as the mediator travels back and forth between the parties. The parties may come together again at the end of mediation if the matter is resolved, to sign a mediation agreement and go through the terms of the agreement.

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Federal law entitles you to 12 weeks of maternity leave. The federal Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to leave for specific family or medical reasons. This federal law provides eligible employees unpaid, job-protected leave for up to 12 weeks. Under the New Jersey Family Leave Act (NJFLA), eligible employees may also take up to 12 weeks additional leave after their child is born to take care of the newborn child. Employees with newborn children may combine the 12 weeks of leave under the FMLA and the 12 weeks of leave under the NJFLA for a total of 24 weeks of leave to care for their newborn.

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Mediation is an out-of-court process where the parties to litigation go before a neutral third-party to attempt to resolve their claims.

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If you have signed an arbitration agreement and ultimately need to sue someone, you have waived your right to a jury trial. This means that even if you would like to bring a case in state court, you are not allowed to by operation of the arbitration agreement. In the event you attempt to bring a claim in the Courts of New Jersey, the opposing party can make a motion to enforce the arbitration agreement, and will likely be successful.

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Arbitration is an alternate form of dispute resolution. In arbitration, a party may file their claim with a private arbitration company, such as American Arbitration Association (AAA) or JAMS, Inc. The party does not file a case with the Courts of New Jersey. Instead of a trial of peers, arbitration involves a review and determination on the outcome of the matter by either an individual or panel of arbitrators. Like a trial, each side will have the opportunity to present their case. A determination will be reached by the arbitrator or panel which will be binding on all parties. The dispute cannot then be brought in court. It is fully and finally resolved through the arbitration process.

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Applicants who are initially denied may appeal their claims to the Appeal Tribunal of the New Jersey Department of Labor within seven days of delivery, or ten days of mailing, of the Notice of Determination. The Appeal Tribunal will then schedule a hearing which usually takes place over the phone.

Applicants should include a brief explanation of why they should receive benefits and may submit their appeal in person, by fax or by mail. Throughout the process, applicants should also be actively seeking work just as they would if their application was approved so that they may be eligible to receive retroactive benefits; if successful, claimants may receive current and retroactive benefits to compensate for the time of the initial denial.

 

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New Jersey applicants must have earned at least $8,300 during the base period of 12 months or have worked for at least 20 weeks, earning at least $165 a week. They must also have been out of work through no fault of their own. Also, for every week that an applicant claims benefits, he or she must be physically, mentally and legally able to work.

Applicants must additionally be actively seeking work and willing to accept suitable job offers. The DOL will consider an applicant to be actively seeking work if they have at least three employer contacts per week, including in person or over the phone contact as well as sending resumes. When deciding what constitutes a suitable offer, the applicant’s last job, job duties, distance from home and salary will be considered.

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The MORHCF dictates that health care facilities may not terminate hourly workers who are involved in patient care and clinical services if they refuse to work overtime unless there is an unforeseeable emergent circumstance or a national, state or, municipal emergency.

It states that the emergent circumstance exception should be used as a last resort and not simply because of chronic short staffing. Therefore, employers must exhaust reasonable efforts to fill vacancies before resorting to requiring employees to work hours in excess of a predetermined and regularly scheduled 40-hour workweek.

Quid pro quo is a Latin term meaning “this for that.” It occurs when the victim’s response to sexual advances is used as a basis for employment decisions, such as the firing or demotion of the employee. Such sexual advances do not have to be overt; the request can be hinted at or communicated non-verbally. If a supervisor offers an employee a raise that is contingent upon his or her agreement to engage in sexual acts, that behavior constitutes quid pro quo harassment.

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Employees who have read the arbitration agreement and agree to its terms can sign the agreement without an issue. However, those that do not agree with the terms should not sign the document without talking to their employer first.

Although it is possible that a flat-out refusal to sign could jeopardize employment, employees can try to negotiate to make the agreement more amenable.

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Adult survivors of sexual assault have up to 37 years after turning 18 to file a civil lawsuit and recover damages for emotional or psychological injuries stemming from the abuse. Survivors of childhood sexual abuse can bring their claim up until they turn 55. Those over age 55 have up to seven years after they discover or realize they had been sexually abused to file a claim.

Whistleblowers are employees who report unsafe or unlawful practices that occur in the workplace.

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Yes. Congress passed the Pregnancy Discrimination Act (PDA) in 1978. This act protects pregnant employees from discrimination in the workplace. Under this law, discrimination on the basis of pregnancy or childbirth constitutes unlawful sex discrimination. Therefore, employers may not discriminate against employees on the basis of pregnancy or pregnancy-related conditions.

Pregnancy discrimination includes:

• Firing a pregnant employee or not hiring a pregnant applicant;
• Harassing a pregnant employee;
• Not providing reasonable accommodations;
• Forcing an employee to take time off due to their pregnancy;
• Changing an employee’s role/responsibilities on their behalf because of pregnancy status;
• Rejecting pregnancy-related Medical Leave; and
• Retaliating against an employee who claims pregnancy discrimination

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Some of the most common occurrences of wrongful termination are violations of public policy. This means that the employer’s reasoning for firing their employee violates clear, well-established and well-outlined public policies of the state. For example, it is illegal in most states for an employer to fire an employee for filing a Workers’ Compensation claim. In addition, this covers most discrimination laws. If an employee is fired on the bases of race, religion, gender, sexual orientation or similar reasons, that is considered wrongful termination.

Some of the actions that are considered pregnancy discrimination include:

• Firing a pregnant employee or not hiring a pregnant applicant;
• Harassing a pregnant employee;
• Not providing reasonable accommodations;
• Forcing an employee to take time off due to their pregnancy;
• Changing an employee’s role/responsibilities on their behalf because of pregnancy status;
• Rejecting pregnancy-related Medical Leave; and
• Retaliating against an employee who claims pregnancy discrimination

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Employees who shed light on wrongdoing by their employer are protected under state and federal law, and can receive:

• Reinstatement to their position;
• Back pay; and
• In some cases, a portion of whatever funds government officials recoup from the offending employer.

No. Employees who voice concerns about unsafe work conditions or object to illegal business practices cannot be fired on the basis of those complaints.

Known as whistleblowers, these workers are shielded from wrongful discharge by the New Jersey Conscientious Employee Protection Act (CEPA). Under the CEPA, employees are protected from retaliation such as demotion or termination after speaking out about misconduct by their employer.

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Your employer cannot fire you because you are pregnant. That is discrimination. The New Jersey Law Against Discrimination (NJLAD) protects pregnant employees from discrimination due to their pregnancy or maternity leave. Learn more with our Comprehensive Guide to Pregnancy Discrimination.

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If you have experienced or are experiencing sexual harassment in the workplace, it is important to take detailed notes of the harassment. These notes can help record sexual harassment activity. Your documentation should include:

• The nature of the sexual harassment
• Who was involved
• The location and time of harassment
• Any witnesses to the harassment

If you are comfortable doing so, ask your harasser to stop. You can also file a formal complaint.

Under CEPA, employers cannot retaliate against employees who:

• Inform a supervisor or the public about an illegal activity, policy, or practice
• Provide information or testifies during an investigation, hearing, or inquiry involving the employer
• Provide information that the employer deceived or misrepresented a shareholder, client, investor, or patient
• Provide information about an activity on behalf of the employer that they believe to be illegal
• Object to, or refuse to participate in, an activity, policy, or practice that they believe is illegal or against the best interest of public health or safety

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You should tell your employer you are pregnant as soon as you are comfortable doing so. Your pregnancy should be an exciting and special time for you and your family. Your employer cannot discriminate against you for your pregnancy or your maternity leave.

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Yes, whistleblowers are protected from retaliation. The New Jersey Conscientious Employee Protection Act (CEPA) protects employees who come forward to report illegal and fraudulent activities their employer commits. CEPA is frequently referred to as New Jersey’s “Whistleblower Act” and prohibits employers from retaliating against employees who report such activity.

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Courts generally want lawsuits to be transparent to the public and complete anonymity is not always possible. However whistleblowers are protected in other ways: Under CEPA and the New Jersey Law Against Discrimination (NJLAD), employees who report unsafe or illegal activity in the workplace are protected from discrimination and retaliation.

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Pregnant women and new mothers are protected under federal and state law and should not need to worry about what happens to their job while they are on maternity leave.

Upon returning to work, new mothers are entitled to their previous position without termination, demotion or reduction of salary. Your employer cannot eliminate your position or terminate your role because you took pregnancy leave. If the position is no longer available due to shifts in the company, the employer must offer the employee returning from leave a position similar in salary, benefits, and status.

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The Americans with Disabilities Act (ADA) protects workers from employment discrimination based on disability status. This means that your employer cannot fire you or refuse to hire you simply because of your disability. In real life, things are not that simple. The law contains protections for workers as well as for employers. It does not protect every disabled employee from being fired from any job at any time for any reason. The details of the employment termination make all the difference. It depends when, why, and under what circumstances the employer terminated the worker’s employment. If you think your employer has subjected you to unfair termination because of your disability, contact a New Jersey employment lawyer.

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