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Employment Law Archives

Pregnancy is no cause for termination

For most, the expectation that a new baby will come into their lives is a joyous and exciting process, but it isn't easy and can be downright expensive. For a pregnant woman, it's no time to worry about losing her job, and legally she shouldn't have to. Both Federal and New Jersey law prohibit the firing, refusal to hire, or refusal to advance a woman in her job because she is pregnant. Instead, employers are expected to make reasonable accommodations, such as offering more breaks, workarounds for heavy lifting, and time off for doctor's appointments.

Defining sexual harassment at work

According to the U.S. Equal Opportunity Employment Commission, sexual harassment at the workplace is defined as unwelcome conduct of a sexual nature or unwelcome sexual advances that interfere with a person's ability to perform his or her job. It is further described as a hostile, intimidating or offensive work environment.

What should New Jersey residents know before taking family leave?

Family leave has been a big topic of conversation in recent years. More women and men are seeking the right not just to take time off when a child is born or adopted, but for other family needs, such as caring for a sick parent or spouse.

What is a wrongful termination claim?

It is not uncommon for a New Jersey resident to lose his or her job. In some cases, individuals are terminated lawfully and in other cases, they are terminated unlawfully. If a wrongful termination has occurred, the terminated employee will have the right to seek claims of monetary damages against his or her employer.

Whistleblowers and the law

Although it might not feel like it based on how your current or former employer is treating you right now, being a whistleblower is a very honorable position to be in. Also, if you have reported the discriminatory or illegal actions of your employer, you are on the right side of the law, and you are protected from being retaliated against by your employers.

How do whistleblower laws protect New Jersey employees?

Whistleblower laws on both the state and federal levels were enacted to encourage employees to report any activities they see in the workplace that are illegal, fraudulent, discriminatory and/or unsafe without fear of losing their jobs or suffering other types of retaliation. Further, employees who are penalized by their employers for reporting (or threatening to report) these activities to the appropriate authorities can sue their employer. They are also protected if they refuse to participate in these activities.

What are 'reasonable accommodations' in the workplace?

New Jersey has a Law Against Discrimination that prohibits discrimination by employers in all stages of a person's employment or potential employment, beginning with recruitment and interviews. The law governs not just the reasons for which a person can be terminated, but conditions of employment, compensation and promotions.

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