Employment Law FAQ for Workers in Hamilton Township
Understanding your rights as an employee is essential—especially when issues like discrimination, harassment, wrongful termination, or wage violations arise. Workers in Hamilton Township are protected by powerful state and federal employment laws. To help you navigate your rights, we’ve compiled answers to some of the most frequently asked questions about employment law in New Jersey.
1. What qualifies as wrongful termination?
New Jersey is an “at-will” employment state, but you may have a wrongful termination claim if you were fired because of:
- Discrimination (based on race, gender, age, religion, etc.)
- Retaliation for reporting illegal activity or harassment
- Taking protected leave under FMLA or NJFLA
- Refusing to participate in illegal conduct
2. What should I do if I’m being harassed at work?
Document the incidents, including dates, times, and witnesses. Report the harassment to your supervisor or HR department. If your employer fails to act or retaliates, contact an employment attorney to explore your legal options.
3. Am I entitled to overtime pay?
Most non-exempt employees are entitled to 1.5 times their regular hourly rate for all hours worked over 40 in a workweek. If you’re salaried, you may still qualify depending on your job duties and salary level.
4. Can my employer enforce a noncompete agreement?
Noncompete agreements are enforceable in New Jersey if they are reasonable in duration, geographic scope, and necessary to protect legitimate business interests. Unreasonable restrictions may be challenged in court.
5. What are my rights under the Family and Medical Leave Act (FMLA)?
FMLA entitles eligible employees to up to 12 weeks of unpaid, job-protected leave for certain medical and family reasons. You must work for a covered employer and meet service requirements. Your job must be restored when you return from leave.
6. What’s the difference between FMLA and NJFLA?
The FMLA covers both personal and family medical leave. NJFLA only covers leave to care for family members but applies to more employers and allows additional flexibility. In some cases, you can take both consecutively.
7. What if I’m being paid less than a coworker for the same work?
This may violate New Jersey’s Equal Pay Act. You may be entitled to back pay, damages, and legal fees if you’re being underpaid based on gender, race, or other protected traits.
8. Do I have to sign a severance agreement?
No. Employers may offer severance, but you are not required to accept. Many agreements include waivers of legal rights, so it’s wise to have an attorney review the terms before signing.
9. Can I be fired for being a whistleblower?
No. The Conscientious Employee Protection Act (CEPA) protects employees who report illegal, fraudulent, or unethical conduct. If you’ve been retaliated against for speaking up, you may have a strong legal claim.
10. How can an employment lawyer help?
Whether you’re facing discrimination, wrongful termination, unpaid wages, or contract disputes, an employment attorney can help protect your rights, file legal claims, negotiate settlements, and take your case to court if necessary.
Get Answers from a Trusted Legal Team
Castronovo & McKinney, Employment Law Attorneys serve employees throughout Hamilton Township and across New Jersey. Their experienced legal team is available to answer your questions, assess your situation, and fight for the justice and compensation you deserve.
Contact Castronovo & McKinney, LLC Today
If you have questions about your rights at work, don’t wait. Reach out today for a confidential consultation.
New Jersey Office
71 Maple Ave
Morristown, NJ 07960
Phone: 973.920.7888
Fax: 973.920.7924
New York Office
420 Lexington Avenue, Suite 1830
New York, NY 10170
Phone: 646.755.3781
Fax: 646.755.3781
