Tag Archives: employment law

How to Know If Your Termination Was Illegal

Though most employers have an “at-will” clause in their employment agreements, you can still take legal action if you believe you were wrongfully terminated. “At will” employees can be terminated from job positions at any time, but there are exceptions to the “at-will” rule that can assist you in taking legal action. Exception #1: Written Contracts If there is a written contract that states the duration of employment or other clauses such as firing being dependent on good cause, then you may have a strong case for wrongful termination in court. Exception #2: Implied Contracts This exception to the “at-will” rule is not as strong of an argument as a written contract. However, it may be used in court for your wrongful termination claim. The courts may consider the length of employment, promotions and performance reviews. Exception #3: Infringement on Public Policy Employers cannot terminate a position for participating in…
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Does My Employer Have to Pay for Training?

Employers are required to compensate their employers for all hours worked. What about time spent in lectures, seminars, and similar activities? Does your employer have to pay for training like that? The short answer is that your employer must pay you for all required training sessions. All, that is, except for the following exceptions. Times Your Employer Doesn’t Have to Pay for Training An employer may not be required to pay you for attending any training session outside of your usual working hours if any or all the following are true: Voluntary attendance – Attendance is deemed voluntary if the employer never explicitly says to go to the training or leads the employee to believe that missing the training could affect his standing in the company. Not directly related to job – Training is directly related to an employee’s job if it is designed to make him better at the…
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Are Non-Compete Agreements Enforceable in New Jersey?

Non-compete agreements are not always necessary for a business. There are, however, times when having key employers sign an NCA is critical to a business’s success. Courts can change these non-disclosure agreements, though, and will not always enforce them. New Jersey courts can consider the enforceability of an NCA for an employer to use it against a former employee. In doing so, there are certain factors they consider. Factors of Enforceable Non-Compete Agreements Non-compete agreements are generally enforceable in New Jersey so long as they are reasonable in scope and duration. This is primarily because New Jersey does not want to restrict trade. The court will only enforce non-competes, therefore, that are defined narrowly. There are three primary factors New Jersey courts use to determine if a non-compete agreement is reasonable. First, the primary focus of the NCA must be to protect the legitimate business interest of the employer. This includes…
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What Should I Do If an Employee Gets Arrested?

Some of the most successful businesses owners in the world often say that one of the best practices is to treat employees like you would family. So, what would you do if your brother, or child, or mother was arrested? Would you still treat an employee like family if you awoke one morning to find out they had been arrested last night? What to Do if an Employee Gets Arrested Stay Calm – One of the most dangerous things you can do as a business owner is to start making rash decisions. Before you immediately go to fire the employee, remember that this is America, and in America, people are innocent until proven guilty. Also, firing them on the spot could potentially be a violation of employment law, which could easily turn into a huge, expensive lawsuit down the road. Gather All Information – No federal law exists which prohibits…
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Are These Mistakes Leading to High Employee Turnover in Your Business?

Employees are the backbone of any company, and any successful entrepreneur will tell you that retaining good employees is one of the best things you can do for your business. High employee turnover can kill a business like a poison, so understanding how to prevent that turnover is crucial. Many business owners with a high turnover rate are making the same mistakes. We’ve summarized a few of the most common errors which may lead to employees leaving so that you can learn from them. Common Mistakes That Cause Employee Turnover Picking Favorites – Employees WHO are treated as favorites no doubt enjoy themselves, but you could be risking the loss of all of your other valuable personnel. Do your best to treat all of your employees equally and with respect. Not Recognizing Accomplishments – Everyone likes to know that they are doing a good job. In fact, employees who feel…
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