McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

732-842-6501

What Role Does My Employment Contract Play In Helping My Wrongful Termination Case?

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.

Related FAQs

  • What Should I Know About Pregnancy Discrimination and Part-Time or Temporary Positions?

    Pregnancy discrimination in part-time or temporary positions is illegal; in New Jersey, part-time and temporary workers are protected from pregnancy discrimination under the NJLAD. Discrimination based on pregnancy is unlawful regardless of the permanency or hours of the position.

    Pregnancy discrimination is a serious problem, and our discrimination attorneys are ready to take action. With offices in NJ, NY, and PA, McOmber McOmber & Luber, P.C. has experience in representing a wide range of employees who have been subjected to harassment and retaliation on the basis of pregnancy.

    If you have been the target of discrimination because of your pregnancy or related medical conditions, your employer may be responsible for compensating you for economic damages and your pain and suffering. A pregnancy discrimination lawyer can get you the compensation you deserve.

    Contact us today for a free consultation.

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  • Are There Specific Protections for Women with High-Risk Pregnancies?

    Yes, there are specific protections for women with high-risk pregnancies. Under the NJLAD, employers are required to provide reasonable accommodations for pregnant employees. This includes women with high-risk pregnancies. Following the advice of a physician, such accommodations might include more frequent breaks, modified work schedules, or temporary reassignments.

    According to guidance issued by the Equal Employment Opportunity Commission (EEOC) regarding the terms of pregnancy discrimination law under the Americans with Disabilities Act (ADA) and Pregnancy Discrimination Act (PDA), employers are required to provide reasonable accommodations for pregnant employees just as they would with employees who are disabled.

    For a pregnant individual to receive any accommodations, they must first make their employers (or HR department) aware of their pregnancy. Once your employer is informed of the situation, you may submit your request(s) for reasonable accommodations.

    Learn more in our Comprehensive Guide to Pregnancy Discrimination. 

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  • What Training and Awareness Programs Can Reduce Pregnancy Discrimination?

    Training and awareness programs that can reduce pregnancy discrimination include ones that educate employees and employers on the rights of pregnant workers, as well as programs that promote empathy and understanding about the challenges pregnant employees might face. This can be combined with awareness campaigns showcasing positive stories of employees during and post-pregnancy.

    As discussed in our Comprehensive Guide to Pregnancy Discrimination, this insidious form of workplace discrimination can include a wide range of behaviors or mistreatment, including:

    • Treating pregnant employees differently.
    • Paying pregnant employees less.
    • Violation of the Family Medical Leave Act (FMLA)
    • Refusing to hire a pregnant woman or women likely to become pregnant.
    • Subjecting pregnant employees to increased scrutiny, criticism, and harassment.
    • Verbal or physical abuse of pregnant employees.
    • Refusing pregnancy leave or time off.
    • Terminating or laying off a pregnant employee

    Pregnancy discrimination is one of the most common forms of employment discrimination in New Jersey. Pregnancy discrimination can occur in a variety of ways, including harassment, failure to accommodate medical appointments, pay disparity, refusal to hire, refusal to provide maternity leave, or retaliation for taking leave or becoming pregnant.

     

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  • Are There Unique Protections Against Pregnancy Discrimination for Freelancers?

    In New Jersey, the NJLAD protects traditional employees, independent contractors, and freelancers from discrimination, including pregnancy discrimination. However, the relationship’s specifics and the work arrangement’s nature can influence how these protections are applied.

    Under the Pregnancy Workers Fairness Act, you’ll see the term “covered employers.” A covered employer is one that is required to meet the new anti-discrimination laws codified by the PWFA. This is a broad category that includes: 

    • Any employer in the private or public sector with 15 or more employees 
    • Congress 
    • Federal agencies 
    • Labor organizations 

    Unfortunately, employees who work for businesses with under 15 employees cannot cite PFWA violations if they believe they have faced discrimination related to their pregnancy. However, that doesn’t mean that small business employees shouldn’t consult a lawyer about potential workplace discrimination to determine whether they have a case because you may have rights under a different law. 

     

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  • How Can I Support Colleagues Facing Pregnancy Discrimination in the Workplace?

    Supporting colleagues can involve being an active ally by listening to their experiences, offering to be a witness if they choose to report the discrimination, and encouraging an inclusive workplace environment. Familiarizing yourself with the New Jersey Law Against Discrimination can also provide insights into the rights of pregnant workers in the state.

    Read More

  • What Are Your Rights as a Restaurant Employee?

    About 34% of workers in the restaurant sector quit their jobs or want to do so. Even though this is an excellent way to get experience and make money, working at a restaurant is no walk in the park. The work environment is quite stressful, and the wages aren’t the best.

    To make sure you’re being treated properly and lawfully, it’s crucial to be aware of the privileges you have as a restaurant employee. Some restaurants take part in unlawful behavior that infringes on the rights of employees to make more money.

    Read More

  • What Happens to Employee Tips?

    The truth is that it depends on the restaurant that you’re in. Different restaurants have varying tipping policies.

    Some restaurants may have pooled tips, while others may have direct tips. These two are the most popular options for restaurants around the country.

    Read More

  • What’s a Tipped Employee?

    A tipped employee is a legal term that’s used to describe a career field that relies on tips in a major way. This is someone who receives at least $30 or more per month in tips. These kinds of jobs are almost exclusively in the service industry.

    Read More

  • What’s the Tipped Minimum Wage?

    The tipped minimum wage for New Jersey is $5.26 per hour. As you can see, this is significantly lower than the standard minimum wage in the state. However, it’s much higher than most other states in the US.

    Read More

  • How to Protect Your Tipped Employee Rights?

    If you’re a tipped employee, you’ve certain rights under federal and New Jersey laws. These rights include the right to retain all tips received, the right to be paid at least the minimum wage, and the right to keep tips even if the employer takes a tip credit. The law requires employers to inform employees of their tip credit, and you can review your payroll records.

    If you believe your employer has violated your rights, you can file a complaint with the Department of Labor. The complaint should include specific details about the violation, such as the incident’s date and time, the witnesses’ names, and other related evidence.

    The Department of Labor will investigate the complaint and take appropriate action if necessary. You also have the right to file a private lawsuit against your employer for tip violations.

    In short:

    • Know your rights: Familiarize yourself with the laws and regulations governing your industry and your state’s tipped employee-specific laws.
    • Keep accurate records: Keep a record of tips received and ensure your employer records them appropriately.
    • Seek legal advice: If you have experienced wage theft or other violations of your rights, seek legal advice from a qualified attorney.
    Read More

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