Navigating Workplace Rights in New Jersey: A Practical Employment Law Overview
Understanding your rights at work should not require a law degree. Yet New Jersey employment law is layered, technical, and constantly evolving. From discrimination and retaliation to wage disputes and family leave, the rules governing the workplace are extensive. A clear Employment Law Overview | Discrimination | Sexual Harassment | Hostile Work Environment | Wrongful Termination | Whistleblower | Retaliation | Equal Pay | Unpaid Overtime | Employment, Non-Compete, Severance Agreements | Family Medical Leave Act | NJ Family Leave Act can help employees and employers alike understand where they stand—and when to seek experienced legal guidance.
Castronovo & McKinney, LLC focuses exclusively on employment law, offering clients across New Jersey powerful guidance and proven results. Their depth of knowledge allows them to break down complex statutes into practical strategies that protect careers and businesses.
Discrimination Protections Under New Jersey Law
The New Jersey Law Against Discrimination (LAD) provides some of the strongest workplace protections in the country. It prohibits discrimination based on race, religion, gender, pregnancy, disability, age, sexual orientation, gender identity, national origin, marital status, military service, and other protected characteristics.
Discrimination can occur at any stage of employment—hiring, promotions, compensation, discipline, or termination. In some cases, it appears in pay disparities or unequal access to training opportunities. In others, it takes the form of wrongful discharge masked as a performance issue.
Castronovo & McKinney carefully evaluates employment records, internal communications, and workplace policies to determine whether unlawful bias played a role in an adverse action.
Sexual Harassment and Hostile Work Environments
Sexual harassment is a form of unlawful discrimination. It can involve quid pro quo demands—where employment benefits are conditioned on sexual favors—or a hostile work environment created by severe or pervasive misconduct.
Offensive comments, inappropriate jokes, unwanted touching, explicit materials, or repeated advances may all contribute to a hostile work environment if they interfere with an employee’s ability to perform their job. Importantly, harassment can come from supervisors, coworkers, clients, or vendors.
Victims are often hesitant to report harassment due to fear of retaliation. Experienced employment counsel helps clients document incidents, follow internal reporting procedures, and pursue legal remedies when necessary.
Wrongful Termination in an At-Will State
New Jersey follows the at-will employment doctrine, meaning employers can terminate employees for almost any reason—or no reason at all. However, they cannot terminate someone for an illegal reason.
Termination based on discrimination, retaliation, whistleblowing, or violation of public policy may give rise to a wrongful termination claim. Proving such claims requires careful analysis of performance reviews, disciplinary history, and timing of events.
Castronovo & McKinney prepares these cases thoroughly, recognizing that employers often attempt to justify unlawful actions with neutral explanations.
Whistleblower and Retaliation Protections
Employees who report illegal conduct or refuse to participate in unethical activity are protected under the Conscientious Employee Protection Act (CEPA) and various federal statutes. Retaliation may include termination, demotion, reduced hours, or hostile treatment following a complaint.
Establishing a retaliation claim typically requires proof that the employee engaged in protected activity, suffered an adverse employment action, and that a causal connection exists between the two. Strong legal representation is critical in building that link.
Equal Pay and Wage Claims
Both federal law and New Jersey statutes prohibit pay discrimination. Employees performing substantially similar work should receive equal compensation regardless of protected status. Additionally, wage and hour laws require proper payment of overtime and prohibit employee misclassification.
Unpaid overtime, improper deductions, and classification errors can significantly impact income. Reviewing payroll records and job duties often reveals whether a claim exists.
Family Leave Rights
The Family Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) allow eligible employees to take protected leave for certain medical and family reasons. After approved leave, employees are generally entitled to return to the same or an equivalent position.
When employers interfere with leave rights or retaliate against employees for taking protected leave, legal remedies may be available. Understanding eligibility requirements and employer obligations is essential in these cases.
Employment Agreements and Severance Packages
Employment contracts, non-compete agreements, and severance packages often contain detailed provisions that affect future job opportunities and legal rights. Before signing, employees should understand confidentiality clauses, restrictive covenants, and release language.
Castronovo & McKinney has reviewed and negotiated hundreds of severance agreements, helping clients secure stronger financial terms and protect their professional mobility.
Strategic Advocacy Across New Jersey
Based in Morristown, Castronovo & McKinney, LLC serves clients throughout Bergen County, Essex County, Middlesex County, Morris County, and surrounding communities including Hackensack, Newark, and New Brunswick.
Castronovo & McKinney, LLC
71 Maple Ave
Morristown, NJ 07960
Phone: 973-920-7888
Email: tom@cmlaw.com
Hours: Monday – Friday, 9:00 AM – 6:00 PM
Whether you are seeking to protect your livelihood or defend your organization, understanding your rights is the first step. With focused expertise and a client-centered approach, Castronovo & McKinney provides informed advocacy in the ever-evolving landscape of New Jersey employment law.
