New Jersey Employment Lawyer Blog

Employee Rights Laws Part 2: Overview of Other Federal “Wrongful Termination” Employment Laws

In most states, including New York and New Jersey, unless you have a written employment contract, are a member of a labor union, or are a civil service employee, you are probably an employee at will. Employment at will is the general principal that your company can fire you for any reason, or even for no reason at all. It also means you can quit your job for any reason.

Fortunately, federal, state, and local laws create many exceptions to employment at will that give employees significant protection from an unfair or arbitrary termination. This, the second part of a four part series, discusses many other important federal “wrongful termination” laws. The first part of the series discusses some of the most important federal anti-discrimination laws. Part three addresses some of the most important exceptions to employment at will under New Jersey law. Part four reviews employee rights laws under New York State and New York City law.

Overview of Other Federal Employment Laws

The following is an overview of some of the most important federal “wrongful termination” employment statutes other than anti-discrimination laws. This is not intended to be a comprehensive list of all such laws. It is also important to understand that not every federal employment law applies to every employee. If you believe your employment law rights have been violated, it is recommended that you contact a knowledgeable, dedicated and experienced employment lawyer.

Civil Rights Act of 1881 (Section 1983)

• Provides a remedy for an individual if someone acting on behalf of the state or local government has violated their civil rights under the United States Constitution.


• Protects constitutional rights including the right to freedom of speech, freedom of association, freedom of religion, freedom from unreasonable search and seizure, due process of law, and equal protection of law.


• Prohibits individuals action on behalf of a state from discriminating on the basis of race, gender, religion, and disability status, including prohibiting employment discrimination and harassment.

Consolidated Omnibus Budget Reconciliation Actof 1985 (COBRA)

• Entitles covered employees and their families to continue health coverage for a period after certain qualifying events, such as when the employee loses his or her job. Ordinarily, the period of continued coverage is up to 18 months. Health insurance continuation coverage under COBRA is at the employee’s cost.

Employee Retirement Income Security Act of 1974 (ERISA)

• Sets minimum standards for most private employer’s pension and health insurance plans.


• Requires employers to provide certain information regarding the features and funding of certain pension and health insurance plans.


• Requires a grievance and appeal process for certain employee benefit plans.

Fair Labor Standards Act of 1938 (FLSA)

• Requires companies to pay most non-exempt employees time and a half for each overtime hour, meaning more than 40 hours worked in a week.


• Sets a minimum wage for most jobs. As of July 24, 2008, the federal minimum wage is $6.55 per hour. The federal minimum wage will increase to $7.25 per hour on July 24, 2009. Many states, including both New York and New Jersey, have established minimum wages that are higher than the minimum required by the FLSA.

Family and Medical Leave Act of 1993 (FMLA)

• Entitles qualified employees to take up to a total of 12 weeks off per 12 month period for:
  
  
  1. his or her own serious health condition,
  
  
  2. the serious health condition of a member of the employee’s immediate family (meaning a spouse, child or parent),
  
  
  3. the birth of the employee’s client, or the placement of a child through adoption or foster care, or
  
  
  4. caring for a child who is less than one year old.

• Protects employees who take FMLA leaves, by entitling them to return their jobs, or an equivalent position, at the end of their leaves.


• Makes it illegal for an employer to retaliate against an employee who took an FMLA leave, or to otherwise interfere with an employee’s rights under the FMLA.

Health Insurance Portability and Accountability Act of 1996 (HIPAA)

• Provides protection for employees who have preexisting medical conditions.


• Prohibits employers from discriminating against employees and other covered dependents based on their health status.

Sarbanes-Oxley Act of 2002

• Prohibits brokers and dealers involved in investment banking from retaliating against securities analyst employees whose research reports make adverse, negative, or unfavorable conclusions about the company.


• Provides whistleblower protection to employees of publically traded companies by prohibiting retaliation, discrimination and harassment against:
  1. Employees who assist with certain investigations into violations of the Sarbanes-Oxley Act, Securities and Exchange Commission (SEC) rules and regulations, or other federal laws relating to fraud against shareholder; and
  
  
  2. Employees who file, testify, or otherwise participate in a proceeding alleging a violation of the Sarbanes-Oxley Act, SEC rules and regulations, or other federal laws relating to fraud against shareholders.

The employment lawyers at the law firm of Nirenberg Law Firm, are experienced at representing employees in New York and New Jersey whose federal employment law rights have been violated.

If you are interested in receiving future articles from the New York & New Jersey Employment Law Blog, please subscribe to our free e-Newsletter.

Employee Rights Laws Part 1: Overview of Federal Anti-Discrimination Employment Laws

In most states, including New York and New Jersey, unless you have a written employment contract, are a member of a labor union, or are a civil service employee, you are probably an employee at will. Employment at will is the general principal that your company can fire you for any reason, or even for no reason at all. It also means you can quit your job for any reason.

Fortunately, federal, state, and local laws create many exceptions to employment at will that give employees significant protection from an unfair or arbitrary termination. This, the first part of a four part series, discusses some of the most important federal anti-discrimination laws. The second part describes many other important federal "wrongful termination" laws. Part three addresses some of the most important exceptions to employment at will under New Jersey law. Part four reviews employee rights laws under New York State and New York City law.

Federal Anti-Discrimination Employment Laws

The following is an overview of some of the most important federal anti-discrimination laws. This is not intended to be a comprehensive list of all federal laws prohibiting discrimination in employment. It is also important to understand that not every federal employment law applies to every employee. If you believe your employment law rights have been violated, you should contact a knowledgeable, dedicated and experienced employment lawyer.

Age Discrimination in Employment Act of 1967 (ADEA)

• Protects employees who are at least 40 years old from age discrimination.


• Prohibits employers from harassing employees who are 40 years old or older because of their age.


• Makes it unlawful to retaliate against individuals who object to age discrimination.

Americans with Disabilities Act of 1990 (ADA)

• Prohibits employers from discriminating against employees who are disabled, perceived to be disabled, or have a record of a disability.


• Requires employers to provide reasonable accommodations to allow disabled employees to perform the essential functions of their jobs.


• Protects individuals who complain about disability discrimination or who request a reasonable accommodation for a disability, by prohibiting retaliation.

Equal Pay Act of 1963 (EPA)

• Prohibits employers from discriminating between men and women in terms of salary and other wages if they hold the same job under similar working conditions.

False Claims Act of 1986 (FCA)

• Allows individuals to file whistleblower actions (called qui tam actions) against individuals who defrauded the federal government, including health care fraud, fraud by defense contractors, and fraud in other federal spending programs.


• Permits some whistleblowers who bring successful claims under the False Claims Act to receive a portion of any damages recovered.

Genetic Information Non-Discrimination Act of 2008 (GINA)

• Prohibits employment discrimination on the basis of genetic information. Additional information about GINA is a previous article.

Occupational Safety & Health Act of 1970 (OSHA)

• Requires employers to provide a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.


• Makes it unlawful for employers to fire or otherwise discriminate against employees who file complaints, testify, or exercise other right under OSHA.

Older Workers Benefit Protection Act of 1990 (OWBPA)

• Prohibits companies from denying employee benefits to older employees because of their age, with limited exceptions.


• Adds numerous requirements before a settlement of an age discrimination claim to be enforceable under the ADEA, such as requirements that the employee is:
  1. Provided the ages of employees who were laid off and retained in a reduction in force;
  
  
  2. Provided at least 21 days to review the agreement (45 days in the case of a mass layoff);
  
  
  3. Given at least 7 days to revoke the agreement after signing it; and
  
  
  4. Advised to consult a lawyer before accepting a severance offer that contains a waiver of rights.

Pregnancy Discrimination Act (PDA)

• Prohibits discrimination on the basis of pregnancy, childbirth and related medical conditions, as forms of unlawful sex discrimination. The Third Circuit has recognized that this includes prohibiting discrimination against a woman because she had an abortion.

Section 1981 of the Civil Rights Act of 1866 (Section 1981)

• Prohibits discrimination due to race or ethnicity in the making, performance, modification, and termination of contacts, including employment contracts, or with respect to the benefits, privileges, terms, and condition of a contractual relationship.

Title VII of the Civil Rights Act of 1964 (Title VII)

• Prohibits discrimination on the basis of race, sex (gender) color, national origin, and religion.


• Makes it illegal for an employer to harass an employee due to race, sex (gender) color, national origin, or religion, including prohibiting sexual harassment.


• Protects individuals who make complaints of discrimination or harassment based on race, sex (gender) color, national origin, and religion, by prohibiting retaliation.

Uniformed Service Employment and Reemployment Rights Act of 1994 (URESSA)

• Prohibits employers from discriminating against an employee because of his or her service in the Armed Forces Reserve, the National Guard, or other uniformed services.


• Entitles veterans, reservists, National Guard members, and other members of the uniformed services to return to their jobs in the private sector after an absence for military service or training.

Worker Adjustment and Retraining Notification Act of 1994 (WARN Act)

• Requires most companies with 100 or more employees to provide at least 60 days advance notice of a mass layoff or plant closing.

Continue reading "Employee Rights Laws Part 1: Overview of Federal Anti-Discrimination Employment Laws" »

Reasons Why it Might Be a Good Idea to Consult with an Experienced Law Attorney

Many people realize they might need an employment law attorney if they have been fired, to find out if they have a “wrongful discharge” case or another legal claim. While that is certainly a good reason to talk to an employment lawyer, there are many other reasons why you might want to speak with an attorney who is experienced at handling employment law matters. Below are examples of some of the things an employment lawyer may be able to help you with before you accept a job offer, during the course your employment, and after you have been fired or laid off:

Why You Might Need An Employment Lawyer Before You Accept a Job Offer

It is often important to understand your legal rights before you accept a job offer, especially if you have been offered a written employment contract. For example, if you are considering accepting a job, it might be a good idea to consult with an employment lawyer to:

1. Review your employment contract before you accept the job.


2. Help you understand the potential ramifications of signing a non-compete agreement or an employment contract that contains a non-solicitation clause.


3. Discuss the advantages and disadvantages of signing an employment agreement that requires you to arbitrate future employment disputes.


4. Help you understand which preemployment promises may be enforceable, and which ones might be difficult to enforce.


5. Explore whether the reason you were not offered a job was illegal, such as if the decision was a form of unlawful discrimination

Why You Might Need An Employment Lawyer During the Course of Your Employment

Employment lawyers can also help individuals with problems at their current jobs. You may want to meet with an experienced employment lawyer about your current employment situation if you want an expert to:

1. Help you determine whether the harassment you are experiencing is legally actionable.


2. Discuss the best way to deals with a supervisor or coworker who is harassing you.


3. Assist you in understanding your rights and obligations under the Family & Medical Leave Act, including when you are entitled to take a family or medical leave; how to request a family or medical leave, and your legal rights once you have requested a family or medical leave.


4. Help you determine the best approach to request that your employer provide you with a reasonable accommodation for a disability.


5. Explore whether you have a legal claim based on your employers decision to demote you, pass you up for a promotion, or another adverse employment action against you for a legally prohibited reason.


6. Discuss what to do if your employer has refused to provide you with an accommodation for a disability that you need to perform your job.


7. Find out if your employer is violating the law by not properly paying for your overtime hours, or by not paying you at least minimum wage.

Why You Might Need An Employment Lawyer After You Have Been Fired or Laid Off

Employment lawyers can also be helpful after you have been fired, laid off, or if you have been forced to resign. If you have recently lost your job, you might want to speak to an employment attorney to:

1. Learn if you might have been terminated for a discriminatory reason, such as if you were fired because of your age, gender, race, color, national origin, nationality, ancestry, pregnancy, mental or physical disability, marital status, domestic partnership status, creed, religion, sexual orientation, atypical hereditary cellular or blood trait, genetic information, or military service.


2. Explore whether the decision to fire you was illegal retaliation, such as if you were fired or laid off because you objected to or refused to participate in an activity that you reasonably believed was illegal, fraudulent, criminal, or unethical; because you complained about a violation of wage and hour laws; or because you took a family or medical leave; or because you requested a reasonable accommodation for a disability.


3. Help you figure out if you have a “wrongful termination” case.


4. Discuss whether it may be possible to enhance the severance package you have been offered.


5. Figure out if it may be possible to remove certain undesirable terms from a proposed severance agreement.

Employment laws and the rights of employees vary from state-to-state. This article is primarily based on New Jersey employment law. If you work outside of New Jersey, some of the legal rights referenced in this article may not apply to you.