Often times, people find themselves in disputes with their employers and fellow employees. Surprisingly, many believe that there is no recourse readily available to them. Fortunately for those caught in disputes at work, their rights and duties are covered through the area of employment law. Employment law protects the interests of both employers and employees. There are a wide variety of issues that can arise throughout the relationship of an employer and employee including, but not limited to, wage and hour disputes, discrimination, harassment, wrongful termination, and hostile work environment.
Concerns in Employment Law
One of the first items that needs to be considered when you believe that there is a cause of action between yourself and an employer, is the nature of the employment relationship. New Jersey, like most states operates under the presumption that employees are “at-will.” This means that, for the most part, an employee can quit or resign with or without cause. Additionally, this also means that an employer can terminate an employee’s position with or without cause. Of course, the laws of New Jersey do create certain, specific exceptions to “at-will” employment in order to make certain firings and terminations illegal. Generally speaking, exceptions are made for firings based on age and race. Likewise, there are also laws related to retaliation and “whistle blowing.”
Another exception to the presumption of “at-will” employment, is when an employer and employee agree to a contract for employment. Typically, the contract for employment will include the rights, duties, and responsibilities of the parties involved. Employment contracts may also provide causes for termination, salary or compensation clauses, and the process and procedures for handling disputes. The terms of the contract between the employer and employee are generally controlling, but in some instances, courts are called upon to interpret clauses.
Contact an Experienced Attorney
Navigating the issues surrounding employment law can be a daunting and difficult task for anyone. It is especially difficult if you are trying to handle the matter on your own. In order to ensure that you receive the best possible outcome, it is important that you first consult a knowledgeable attorney.
If you believe that you have an issue or possible dispute with your employer, contact Shanahan & Voigt, LLC. to request a Consultation with attorney Matthew R. Tavares, an experienced litigator who can guide you through these difficult matters. Matthew can be reached at 908-751-1551 ext. 30 or by email at firstname.lastname@example.org.