Common Employment Disputes in New Jersey

Jeff Varcadipane

June 22, 2022

Common Employment Disputes in New Jersey

The New Jersey Division of Wage and Hour Compliance is responsible for enforcing state labor laws relating to minimum wages, earned sick leave, methods of wage payment, and workplace labor standards. If you are engaged in any kind of employment dispute in your workplace in New Jersey, you will want to quickly contact an experienced New Jersey business disputes lawyer.

State laws relating to business practices are found in both the New Jersey Statutes Annotated and the New Jersey Administrative Code. Here are four of the more common kinds of employment disputes that tend to arise in New Jersey.

Most Common Employment Disputes: Wrongful Termination

Wrongful termination is a phrase that applies to an illegal firing. The terminations many people believe are wrongful do not end up being illegal because, in New Jersey, all employees without employment contracts are considered to be at-will employees. At-will means that an employer can fire an employee at any time for any reason or even no reason at all. Terminations can be illegal, however, when they involve discrimination or retaliation. 

An employer cannot discriminate against an employee on the basis of any protected class characteristics. Characteristics such as their race, color, national origin, religion, sex, familial status, or disability. An employer also cannot retaliate against an employee because they blew the proverbial whistle by reporting what they believe was illegal activity by the employer or a co-worker. An employer cannot retaliate against an employee for engaging in other types of protected activities such as trying to obtain workers’ compensation benefits or requesting time off for family leave. Retaliation against whistleblowers is also prohibited. 

Wage, Hour, and Overtime Disputes

Common kinds of issues under this category include an employer’s failure to pay minimum wage or overtime, misclassification of employees, requiring employees to work off the clock, improper withholding from employees’ paychecks, and more. The New Jersey Wage Payment Law requires that most employees receive the full amount of their wages due at least twice a month on regularly scheduled paydays, although executives, supervisors, and some other employees could receive payment once a month.

Discrimination and Harassment Claims

New Jersey Statute § 10:5-12 provides that is unlawful discrimination for an employer to treat an employee unfairly because of the race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy or breastfeeding, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait of any individual, or military status. 

Severance Negotiations and Disputes

Neither federal law nor state severance laws require employers to pay severance upon the termination of employment, but some companies have severance pay policies, and the companies must follow those policies. Most employers only provide severance pay when they lay off employees because of job reorganization, restructuring, or downsizing. Some employers may pay severance to a recently terminated employee in recognition of their past service. Employers will typically require an employee to sign a separation agreement and general release that explains their right to severance pay and can also include restrictive covenants such as non-compete agreements limiting the employee’s job opportunities after termination.

Call Us Today to Schedule a Free Consultation with a Common Employment Disputes Lawyer

If you are currently in the midst of any kind of employment law dispute with your employer, make sure you have legal representation for assistance in achieving the most favorable outcome for your case. Varcadipane & Pinnisi, PC handles cases in both New Jersey and New York.

Our firm handles employment disputes as well as partnership disputes, shareholder disagreements, breach of contract claims, and insurance claim disputes. Please contact us online for a free consultation so we can review your case.

Let Us Fight For You

Need Help? Contact us 24/7

Free Consultation img (800) 616-2916

New Jersey Personal Injury Lawyer

Request Your
Free Consultation

Schedule a free consultation with one of our experienced lawyers today by filling out the form below, or call us at (800) 616-2916

    • "Dawn is the best she won 2 cases for me for over $300,000. The first one was very difficult being that the company had no insurance, but Dawn handled it with such persistence and professionalism that we won. If you want a lawyer who ..."

      Anonymous Client

    • "I highly endorse this lawyer. Dawn is smart and personable. She is known to be a great litigator and she is extremely knowledgeable about the law as well as being fiercely defensive of her clients. I have attended many court appearan..."

      Peer Review Birth Injury Attorney

    • "The legal process is complicated and at times frustrating but Jeff has managed to translate this process so it is clear to me. He has been patient in walking me through this step by step. Jeff has been timely in providing me with upd..."

      I.S. Client

    • "The best way to describe Dawn is if you are looking for a person that will go to bat for you, to fight for your cause, that puts in the energy, research, and effort that is required to get you the settlement that you deserve, then lo..."

      Charles Client

    • "I had the pleasure of working with Ms. Pinnisi for 14 years. She is one of the most outstanding attorneys with whom I have dealt. Ms. Pinnisi meticulously prepares and researches cases and advocates zealously on behalf of her clients..."

      Peer Review Personal Injury Attorney

    • "Dawn Pinnisi is a fantastic attorney with whom I have worked on numerous cases. Dawn is someone I am proud to call a friend. Over the years I have seen how personally invested she becomes in each of her cases, stopping at nothing to ..."

      Peer Review Car Accident Attorney

    • "Dawn really helped me out in a time of need after my accident. I wasn’t sure if I had a case or not but after my consultation, she gave me hope. I felt like I could trust her and she always returned my phone calls after reachin..."

      Anonymous Client

    • "I highly recommend Dawn Pinnisi for medical malpractice, car accident, and personal injury cases. Not only is she one of the most experienced attorneys in the field she’s an honest, trustworthy, and caring person in the litigat..."

      Peer Review Criminal Defense Attorney

    • "When forming my business, it was important that I started with the right structure. Jeff took the time to explain the pros and cons from a legal perspective and I was able to make a confident decision. Varcadipane & Pinnisi got ..."

      Richard Lamendola Brandbliss

    • "I had the pleasure of working with Ms. Pinnisi for 14 years. She is one of the most outstanding attorneys with whom I have dealt. Ms. Pinnisi meticulously prepares and researches cases and advocates zealously on behalf of her clients..."

      Peer Review Personal Injury Attorney

    From The Blog

    view more blog posts