(This section is for information purposes only and is not to be understood as giving legal advice.)
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.
WHAT IS EMPLOYMENT AT WILL?
It means that either party may terminate the employment without notice and for any reason, unless doing so would violate law or public policy.
ARE NONCOMPETE AGREEMENTS ENFORCEABLE?
Agreements that simply prevent competition are not enforceable; however, most agreements are not so blatant. A properly drawn agreement that can be shown to be reasonable and necessary will be enforced. These unique factors, however, in almost every situation govern the enforceability of the contract in issue.
WHAT IS SEXUAL HARASSMENT?
It is conduct that occurred because harassing behavior that was severe or pervasive made a reasonable woman believe that the conditions of employment were altered. This in turn made the working environment intimidating, hostile or abusive.
ARE THERE STATUTES THAT PROVIDE FOR EMPLOYEE MEDICAL LEAVE?
There is a New Jersey statute and a federal statute. The state statute 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.
WHO IS A WHISTLE BLOWER?
Under the New Jersey Conscientious Employee Protection 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.