Employment laws in New Jersey usually follow common sense. However, there are times when workers’ rights are not as simple and straightforward as you would expect. Here are eleven common misconceptions about employee rights in New Jersey.

1. My employer must have a good reason to fire me.
   
   WRONG. If you are an at-will employee, typically your employer does not need a reason to fire you and does not need to explain why they are letting you go.
   
   
2. If I can refute the employer’s reason for firing me, I am entitled under the law to get my job back.
   
   WRONG. If you are an at-will employee, even if you can prove that the reason your employer gave for firing you is not true, or does not make sense, the law does not usually give you the right to go into court to get your job back.
   
   
3. I can sue my employer for harassment because my supervisor, who doesn’t like me, screams and yells at me.
   
   WRONG. Harassment is only illegal if it is based on your membership in a protected classification recognized by the law. In other words, most of the time you will not be able to bring a harassment lawsuit unless you can prove that the harassment was directed towards you due to your sex, race, ethnicity, age, disability, or some other recognized protected class. However, employees cannot fire you for an unlawful reason such as discrimination.
   
   
4. My employer can deduct money from my paychecks for things that are my fault, like having a shortage in a cash register or causing damage to company property.
   
   WRONG. It is a violation of New Jersey Wage and Hour law for your employer to deduct your paycheck because of breakage or shortage. It is also a violation of the law for your employer to retaliate against you for complaining that it took an illegal deduction from your paycheck.
   
   
5. An employer is required to pay me my unused vacation time.
   
   WRONG. You can only raise a claim for unused vacation time if your employer has promised to pay you any unused vacation time in your employee handbook or other company policy.
   
   
6. If I sign for and receive a severance package, I can still sue the company for discrimination later.
   
   WRONG. Severance packages usually include a full release of rights, which has the effect of terminating your ability for you or anyone on your behalf to sue your employer for discrimination, harassment, or retaliation. If you are given a severance package, read it carefully and try to have an attorney review it if possible.
   
   
7. I have not been paid in three weeks, but I don’t want to do anything because they can fire me if I complain.
   
   WRONG. In New Jersey, it is usually a violation of Wage and Hour law for your employer not to pay you at least twice a month. An employer must pay wages within ten (10) days of the end of the pay period in which the wages were earned. Your employer is prohibited from retaliating against you for complaining about not being paid on time.
   
   
8. I had an injury at work and have to go out on leave. I can’t use FMLA because it was a workplace injury, so I have to go through workers compensation.
   
   WRONG. Your employer is obliged to inform you if you are eligible for any federal FMLA leave. Just because it is also happens to be a work-related injury or illness does not mean that you are not entitled to FMLA leave protection.
   
   
9. I am being sexually harassed at work, but I can’t prove it because my sexual harasser only harasses me when no witnesses are around.
   
   WRONG. In some circumstances in New Jersey, you are permitted to make an audio recording of your harasser that may be admissible in court. You are encouraged to first consult with attorneys at LSNJ’s Workers Legal Rights Project or private employment law attorneys for advice before you attempt to record a conversation at work.
   
   
10. If I am sexually harassed, I can immediately hire an attorney to sue my company in court.
    
    WRONG. In most situations in New Jersey, you are required to utilize an employer’s internal anti-harassment/discrimination complaint procedure before you can file a lawsuit in court. Failure to do so may later result in the dismissal of your lawsuit.
    
    
11. I am entitled to get a lunch and break time from my employer.
    
    WRONG. New Jersey law does not require lunch or break times (unless you are a minor or a nursing mother).

This information last reviewed: Sep 6, 2024