My Employer is Being Mean to Me…Can I Sue?
May 15, 2023 | Written by: | Share
As an employee in New Jersey, you may be wondering if you have any legal recourse against your employer in certain situations. In New Jersey, you generally cannot sue your employer simply because you feel the employer doesn’t like you or is being “mean” to you. However, although New Jersey is an "at-will" employment state, which means that employees can be terminated for any reason or no reason at all, there are still some situations where you may have a lawsuit against your employer. Some of these situations are discussed below.
Discrimination
One situation where you may have a lawsuit against your employer is if you have experienced discrimination. Discrimination is illegal under both federal and state law and occurs when an employer treats an employee differently based on a protected characteristic such as age, race, gender (including gender identity, sexual orientation and pregnancy), religion, national origin, or disability. Discrimination can take many forms, including unfair treatment with regard to hiring, firing, pay, or promotions.
Harassment
Another situation where you may have a lawsuit against your employer is if you have experienced harassment. Harassment can take on many forms, including verbal or physical harassment, unwanted sexual advances, or a hostile work environment. Employers have a legal responsibility to prevent and address harassment in the workplace, and if they fail to do so, they may be liable for damages.
Retaliation
If you have made a complaint to your employer about discrimination, harassment, or other unlawful behavior and your employer has retaliated against you, you may have a lawsuit for retaliation. Retaliation occurs when an employer takes adverse action against an employee for engaging in a protected activity, such as making a complaint or participating in an investigation. Such adverse action can include demotion, failure to promote, pay reduction, hour reduction, reassignment with significantly different responsibilities, schedule changes, suspension, and/or termination.
Wage and Hour Violations
Finally, if your employer has violated wage and hour laws, you may have a lawsuit for unpaid wages, overtime, or other compensation. New Jersey has strict laws governing minimum wage, overtime, and other wage and hour issues, and employers are required to comply with these laws.
It is important to note that these are just a few examples of situations where you may have a lawsuit against your employer in New Jersey, and that each case is unique. If you have any questions or believe that your employer has violated your rights or engaged in unlawful behavior towards you, it is important that you consult with an experienced employment law attorney who can evaluate your situation and advise you on your legal options.
Sharon M. Flynn, Esq. is a partner with Gebhardt & Kiefer, PC, and practices primarily in the areas of general litigation, employment law, and insurance defense.
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Any statements made herein are solely for informational purposes only and should not be relied upon or construed as legal advice.