Best Hiring & Firing Lawyers in New Jersey

About Hiring & Firing Law in New Jersey, United States

Hiring and firing are fundamental aspects of the employer-employee relationship. In New Jersey, these processes are governed by federal, state, and sometimes local laws. Employers have a significant degree of discretion in hiring and firing decisions, but they must comply with laws designed to protect employees from unfair or discriminatory practices. Both job seekers and current employees should be aware of their rights and obligations under the law, as violations can lead to serious legal consequences.

Why You May Need a Lawyer

Legal advice can be crucial in many hiring and firing situations. People may seek help when they believe they have been dismissed unfairly or for unlawful reasons such as discrimination, retaliation, or whistleblowing. Employers might need guidance to avoid potential lawsuits when making hiring or termination decisions, especially regarding the documentation of performance issues or navigating reductions in force. Other common reasons include negotiating employment contracts, handling layoff procedures, and understanding severance agreements. Having a lawyer can ensure that your rights are protected and that all actions comply with applicable laws.

Local Laws Overview

New Jersey workers are largely employed "at will," meaning they or their employer can end the employment relationship at any time, with or without cause or notice. However, important exceptions exist. Employment actions may not violate federal or state anti-discrimination laws, such as the New Jersey Law Against Discrimination, which prohibits discrimination based on protected characteristics like race, gender, age, religion, national origin, sexual orientation, and disability. Employers are also subject to laws relating to employment contracts, wage payment, and workplace safety. Other key laws include the New Jersey Family Leave Act, the Conscientious Employee Protection Act (for whistleblowers), and the New Jersey WARN Act, which requires advance notice for mass layoffs. Employers are prohibited from firing employees for reasons such as jury duty, military service, or exercising certain legal rights.

Frequently Asked Questions

What does "at will" employment mean in New Jersey?

"At will" means either the employer or the employee can end the employment relationship at any time, for any legal reason, unless an employment contract or a specific law provides otherwise.

When is it illegal to fire someone in New Jersey?

It is illegal to fire someone based on race, gender, age, disability, religion, national origin, pregnancy, sexual orientation, or other protected categories. Additionally, firing employees in retaliation for whistleblowing, filing complaints, or exercising certain rights is prohibited.

Can an employer ask about criminal history when hiring?

New Jersey limits when and how employers can inquire about an applicant's criminal record under the "Ban the Box" law, officially known as the Opportunity to Compete Act. Generally, employers cannot ask about criminal history on initial job applications.

What is required for a legal layoff in New Jersey?

Certain layoffs, especially those involving a large number of employees, require advance notice under the New Jersey WARN Act. Employers must often provide 90 days' notice and, in some cases, severance pay.

Are employees entitled to severance pay if they are fired?

New Jersey law does not generally require severance pay unless it is stipulated in an employment contract or mandated by the New Jersey WARN Act in the case of mass layoffs.

How do anti-discrimination laws protect employees during hiring?

Employers in New Jersey are prohibited from making hiring decisions based on race, sex, age, disability, marital status, sexual orientation, and other protected characteristics. They must comply with state and federal anti-discrimination laws.

What rights do employees have if fired for reporting illegal activity?

Employees fired for reporting illegal activity (whistleblowing) are protected under the Conscientious Employee Protection Act (CEPA) and may file a complaint or lawsuit for retaliation.

Can an employer fire someone for taking family or medical leave?

No. Both federal and New Jersey laws prohibit firing employees for taking approved family or medical leave under the Family and Medical Leave Act (FMLA) or the New Jersey Family Leave Act.

What can I do if I believe I was fired unfairly?

If you believe your termination was unlawful, you may file a complaint with the New Jersey Division on Civil Rights, the federal Equal Employment Opportunity Commission, or consult a lawyer to explore your legal options.

Are there special protections for older workers facing termination?

Yes. The federal Age Discrimination in Employment Act and the New Jersey Law Against Discrimination protect workers age 40 and older from discrimination and wrongful termination based on age.

Additional Resources

New Jersey Department of Labor and Workforce Development - Offers information on employee rights, wage and hour laws, and unemployment benefits. New Jersey Division on Civil Rights - Handles complaints about discrimination in employment. Legal Services of New Jersey - Provides free or low-cost legal help to qualifying residents. U.S. Equal Employment Opportunity Commission (EEOC) - Handles discrimination complaints at the federal level. New Jersey State Bar Association - Offers lawyer referral services and additional legal resources.

Next Steps

If you are facing a hiring or firing issue in New Jersey and believe your rights may have been violated, consider the following steps. Gather all relevant documents and records related to your employment. Write down important dates and details of employment actions or conversations. Contact the appropriate government agency to learn about your rights or file a complaint. If you feel your situation is complex or serious, consult an experienced employment lawyer to evaluate your case and guide you on how to proceed. Prompt action can be critical to protecting your legal rights.