Employment FAQ

Frequently Asked Employment Law Questions

(This section is for information purposes only as is not to be understood as giving legal advice)

1) Do I have a claim if my termination was unfair?

In the absence of a contract, an employee is an employee at will and can be terminated even if it was unfair to do so. The function of an employment attorney is to find another basis to challenge the employer's action.

2) What is employment at will?

It means that either party may terminate the employment without notice and for any reason, unless do so would violate law or public policy.

3) Are non-competition agreements enforceable?

Agreements that simply prevent competition are not enforceable; however, most agreements are not so blatant. A properly drawn agreement which can be shown to be reasonable and necessary will be enforced. There unique factors, however, in almost every situation which governs the enforceability of the contract in issue.

4) What is sexual harassment?

It is conduct that occurred because of sex and was severe or pervasive so that a reasonable woman would believe that the conditions of employment were altered, and that the working environment was intimidating, hostile or abusive.

5) Are there statutes that provide for employee medical leave?

There is a New Jersey statute and a federal statute. The state statue does not however permit an employee to take personal leave for his or her own physical condition except for the birth or adoption of a child.

6) Who is a whistle blower?

Under the New Jersey Conscientious Employee Act to be protected an employee must disclose or threaten to disclose to a supervisor or to a public body an activity or practice that the employee reasonably believes is a violation of law, or object or refuse to participate in such activity. There are of course other requirements.