For reporting or refusing to participate in illegal activities

For whistleblowing under a state or federal statute

For exercising a protected right (like filing a discrimination complaint)

Key Law: New Jersey’s Conscientious Employee Protection Act (CEPA)

Discloses or threatens to disclose a policy or activity they reasonably believe is illegal, fraudulent, or violates public policy

Provides information or testifies in an investigation or proceeding involving wrongdoing

Objects to or refuses to participate in a policy or practice they believe is illegal or against public policy

Violation of a law, rule, or regulation This could be state or federal, criminal or civil. Examples include:

Fraudulent conduct or deception This might include misleading investors, customers, regulators, or other third parties.

Conduct that endangers public health or safety For instance, exposing unsafe products, food safety violations, or nursing home neglect.

Violations of clear public policy These are broader, but can include practices like discriminatory hiring, wage theft, or sexual harassment.

Sudden exclusion from meetings or projects

Forced resignations (constructive discharge)

When Is Termination Not Considered Wrongful?

You were let go for documented, unrelated performance issues

Your complaint was false and made in bad faith

The reported conduct wasn’t actually illegal or against public policy, and your belief wasn’t reasonable

You engaged in protected activity This means you disclosed, threatened to disclose, objected to, or refused to participate in conduct you reasonably believed was illegal or unethical.

You suffered an adverse employment action Like termination, demotion, or suspension.

There’s a causal connection In other words, your employer took action against you because of your protected activity.

What Should You Do If You’ve Been Wrongfully Terminated?

Texts or chats that reference your report or job status

Federal Whistleblower Protections Also Apply

<a href="http://www.osha.gov/">OSHA</a> (for workplace safety violations)

<a href="https://en.wikipedia.org/wiki/Sarbanes%E2%80%93Oxley_Act">Sarbanes-Oxley</a> (for corporate fraud and financial misrepresentation)

<a href="https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964">Title VII</a> (for discrimination and harassment)

<a href="https://www.justice.gov/civil/false-claims-act">False Claims Act</a> (for fraud against the government)

Examples of Wrongful Termination After Reporting Illegal Activity

A healthcare worker reports Medicare fraud and is fired two weeks later.

A warehouse employee reports unsafe machinery and is demoted for “insubordination.”

An accountant refuses to alter financial records and is terminated for “lack of loyalty.”

A teacher reports discriminatory grading policies and is suddenly excluded from school meetings, then dismissed.

An office employee <a href="/blog/can-social-media-posts-get-you-wrongfully-fired-in-nj">posts on social media</a> about illegal wage practices at work — and is fired shortly afterward for "violating company policy."

Fired After Reporting Illegal Activity: Understanding Wrongful Termination in NJ

How Non-Competes Are Used in Severance Agreements

A release of claims (you agree not to sue them),

Are There Alternatives to Non-Compete Clauses?

Non-solicitation clauses — Prevent you from reaching out to former clients or employees.

<a href="/blog/how-confidentiality-clauses-affect-your-severance-in-nj">Confidentiality clauses</a> — Bar you from disclosing sensitive company information. But there are growing legal protections for workers, especially in cases involving harassment and discrimination: under the <a href="https://www.nj.gov/lps/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf">New Jersey Law Against Discrimination (NJLAD)</a>, employers cannot use confidentiality agreements to silence victims of unlawful conduct.

<a href="/blog/non-disparagement-clauses-should-nj-employees-agree">Non-disparagement clauses</a> — Prevent you from making negative comments about the company.

Are Non-Compete Clauses Enforceable in New Jersey?

Working for a rival company in a similar role

Starting your own business in the same industry

Doing freelance or consulting work for competitors

Joining a vendor or client that overlaps with the company’s services

Whether you were terminated or left voluntarily

Whether you were offered anything in exchange for signing

You’re unsure what the clause actually means

You believe the restrictions are overly broad

You need help negotiating the terms before signing

File a complaint with the <a href="https://www.eeoc.gov/">EEOC</a> or <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">New Jersey Division on Civil Rights</a>

Speak confidentially with an attorney about your rights or workplace experiences

Can Employers Retaliate If You Don’t Sign?

Timing Matters: Don’t Sign Under Pressure

Final Thoughts: Balance Caution with Clarity

Understanding Non-Compete Clauses in NJ Severance Agreements: Your Rights Explained

Aren’t covered by unemployment or workers’ compensation insurance

Aren’t protected under many anti-discrimination laws

Don’t get benefits like health insurance or paid time off

To cut costs — they don’t have to pay payroll taxes, health benefits, or unemployment insurance.

To avoid liability — employers aren’t responsible for workplace injuries or wage violations if someone isn’t legally their employee.

To reduce administrative burden — no need to track hours, withhold taxes, or manage HR benefits.

Why Misclassification Is Common in the Creative Field

The Legal Test in New Jersey: The ABC Test

Part A might be questionable if they control how you do your work.

Part B is tricky because your design work is central to their business.

Part C could fail if you don’t have multiple clients or your own established business.

You're required to work specific hours or use company systems

You perform the same work as employees but are paid differently

You don’t have other clients or your own business setup

The company provides tools, software, or equipment

You’re expected to attend meetings, meet performance goals, or follow internal policies

Your contract has non-compete or exclusivity clauses

How Misclassification Harms Creative Workers

No overtime pay: If you work over 40 hours per week but are labeled a contractor, you might be missing out on time-and-a-half wages.

No unemployment insurance: If the work dries up, you can’t collect benefits unless you were properly classified as an employee.

No paid leave or sick time: New Jersey law mandates earned sick leave for employees, not contractors.

No legal protection from discrimination: Many state and federal employment laws, including those addressing sexual harassment or racial bias, only apply to employees.

Tax consequences: <a href="/blog/how-misclassification-affects-your-taxes-in-nj">Misclassification affects your taxes</a> more than you might think. You may be required to pay both the employer and employee portions of — a costly burden that wouldn’t exist if you were properly classified on payroll.

What Rights Do Creative Workers Have in New Jersey?

The <a href="https://www.nj.gov/labor/">NJ Department of Labor (NJDOL)</a>: The department can audit companies, penalize employers, and help workers recover unpaid wages.

No retaliation allowed: Employers are prohibited from retaliating against workers who report misclassification or file complaints.

<a href="https://www.nj.gov/labor/forms_pdfs/lwdhome/CEPA270.1.pdf">Whistleblower protections under CEPA</a>: If you report your employer for misclassification or wage violations, you may be protected under New Jersey’s Conscientious Employee Protection Act (CEPA).

What to Do If You Suspect Misclassification in Creative Industry

Misclassification in the NJ Creative Industry: Employee Rights

Caring for a spouse, child, or parent with a serious health condition

The employee’s own serious health condition

Work for a covered employer: typically private employers with 50 or more employees within 75 miles — <a href="/blog/fmla-and-remote-employees">remote workers can qualify for FMLA leave too</a>. 

Have worked for the employer for at least 12 months (not necessarily consecutively).

Have clocked at least 1,250 hours during the 12 months before the leave starts.

What About the New Jersey Family Leave Act (NJFLA)?

What the Law Says About Coverage During FMLA Leave

Telling an employee, “We’ll approve your leave, but only after you find someone to cover your shifts.”

Pressuring you to help reorganize schedules or redistribute duties while you’re out.

Imposing guilt or requiring you to “train” your replacement before going on leave.

Misunderstanding of the law: Not all supervisors are trained in FMLA compliance.

Understaffing: Small businesses or departments may feel stretched thin when someone goes on leave.

Fear of workflow disruption: Employers may panic about lost productivity and turn to employees to solve the problem.

What You Should Do If You're Asked to Find Coverage During FMLA Leave

Being written up for taking approved leave

Denial of promotions or assignments after returning

Being demoted or <a href="/blog/legal-recourse-for-nj-employees-fired-after-requesting-fmla-leave">fired shortly after requesting leave</a>

Speak With a New Jersey Employment Lawyer Today

Can NJ Employers Require You to Find Coverage During FMLA Leave? What Employees Need to Know

Sharing pay scales internally among current employees

Disclosing pay policies during hiring or promotion discussions

Cannot pay employees less for “substantially similar work” based on gender, race, age, disability, or other protected characteristics.

Must justify pay differences based on legitimate business reasons (like education, experience, or seniority).

Cannot retaliate against employees who ask about wages.

What Counts as “Substantially Similar Work”?

Can Employers Keep Pay a Secret in Job Listings?

Discriminatory pay offers based on gender or race

Retaliation against workers who ask about pay

Unequal starting salaries that lead to long-term wage gaps

Can employers pay remote workers differently based on where they live?

Should salary ranges reflect the company’s location or the employee’s?

Do different pay scales for remote workers violate equal pay laws?

No salary or range listed, even for senior-level roles

"Commensurate with experience" with no other details

Language that says “open to negotiation” but lacks structure

What Can You Do If You Suspect Unequal Pay?

Start with a conversationConsider raising the issue with your supervisor or HR. Sometimes pay gaps are unintentional but still need correcting.

Document everythingKeep records of your job duties, performance reviews, hours, and pay stubs. If you know what others earn, document that too.

File a complaintYou can file a complaint with the <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">New Jersey Division on Civil Rights (DCR)</a> or the <a href="https://www.eeoc.gov/">Equal Employment Opportunity Commission (EEOC)</a>. You also have the option to pursue a private legal claim.

Speak with an employment attorneyAn equal pay act attorney in New Jersey can help you assess your case and guide you through filing a claim, negotiating a raise, or taking legal action.

What Employers Should Know About Wage Transparency

Auditing pay structures regularly for disparities.

Creating written pay policies based on experience, skills, and performance — not assumptions.

Training hiring managers on what they can and cannot ask or require during the interview process.

Contact Us for Legal Advice on Wage Transparency or Pay Discrimination

Understanding Wage Transparency and Equal Pay in NJ Job Listings: Everything You Need to Know

Making offensive jokes or comments based on race, gender, age, disability, religion, or other protected characteristics

Stalking, intimidation, or other threatening behavior

Repeatedly making employees uncomfortable in a way that interferes with their work

What the Law Says in New Jersey About Third-Party Harassment

New Jersey Law Against Discrimination (NJLAD)

When Are Employers Liable for Third-Party Harassment?

The harassment was based on a legally protected trait.

The employer knew or should have known about the behavior.

The employer failed to take reasonable steps to stop it.

Real-World Examples of Third-Party Harassment

A female nurse is repeatedly harassed by a male patient. She tells her supervisor, but the hospital says “he’s old and harmless” and does nothing.

A Black delivery driver is subjected to racial slurs by a client at every drop-off location. The employer is aware but doesn’t want to “rock the boat.”

An administrative assistant is <a href="/blog/responding-legally-to-cyberbullying-at-work-in-nj">targeted by cyberbullying at work</a> — receiving mocking messages and group chat insults. HR is informed but claims it’s “just online banter” and doesn’t investigate.

What Should Employers Do to Avoid Liability?

Explain that such behavior is not tolerated

Detail how employees can report incidents

Restricting or banning the third party from company property

Reassigning work duties or schedules (without punishing the victim)

Working with security to enforce boundaries

What Can Employees Do If They Experience Harassment?

Facing Third-Party Harassment? Contact Us Today

Employer Liability for Third-Party Harassment in NJ Workplaces: Your Rights Explained

Normal commuting time — generally not paid

Travel during the workday — must usually be paid

Overnight or out-of-town travel — may require payment for some or all travel time

On-call or standby travel — case-specific but may trigger wage obligations

1. Travel Between Job Sites During the Day

2. Travel to a Special Assignment or Offsite Meeting

Travel during regular work hours — paid, even if on a non-work day (like a weekend)

Travel outside regular hours — generally unpaid unless you’re performing work during the travel (e.g., checking emails or making calls)

Failing to pay for travel between client sites

Assuming driving time is never compensable

Misclassifying employees as exempt to avoid paying travel time

Assuming remote work changes travel pay rules

The <a href="https://www.nj.gov/labor/">New Jersey Department of Labor and Workforce Development (NJDOL)</a>

The <a href="https://www.dol.gov/">U.S. Department of Labor</a>

Contact Us for Legal Advice and a Free Consultation

When Do NJ Employers Legally Have to Pay Travel Time? Everything You Need to Know

Gains new certifications or technical skills

Qualifies for leadership or higher-paying roles

Has access to cross-functional opportunities

What Does Gender Discrimination Look Like in Training?

Unequal Invitations: Women are not invited to technical or leadership training sessions, while men are routinely selected.

Assumptions About Abilities: Men are offered advanced technical training because they’re “expected” to handle machinery, while other genders are steered toward administrative or soft-skill courses. This kind of bias can also result in workers being <a href="/blog/is-being-overlooked-for-high-profile-projects-gender-discrimination-in-nj">overlooked for high-profile projects</a> — limiting visibility, advancement, and long-term career growth.

Scheduling Bias: Training sessions are scheduled at times that exclude employees with caregiving responsibilities — often women.

Retaliation for Requesting Training: Employees who ask to attend programs are told “it’s not for someone in your position,” even if male colleagues with similar roles participate.

Hostile Environments During Training: Women attending training programs are subjected to inappropriate comments or harassment.

1. New Jersey Law Against Discrimination (NJLAD)

Design programs that exclude certain genders

Retaliate against employees who complain about unequal training

Recognizing Gender Bias in Training Programs

Who Gets Selected? Are men or women consistently chosen for advanced programs, while the other group is left out?

Is Training Announced Fairly? Do you learn about programs at the same time as your colleagues, or is the information shared selectively?

Are There Stereotypes at Play? Are certain courses labeled “better suited for men” or “not necessary for women”?

Do You Feel Welcome? Are training sessions inclusive, or do they involve hostile jokes, inappropriate comments, or lack of support for diverse participants? <a href="/blog/can-dress-codes-be-gender-discrimination-in-new-jersey">Do dress codes unfairly target or police certain genders</a>?&nbsp;

Examples of Gender Discrimination in NJ Training Programs

A New Jersey manufacturing company offers hands-on training in advanced machine operations exclusively to male interns, assuming female interns wouldn’t be interested or capable of handling heavy equipment. This kind of internship discrimination limits opportunities and may also violate state anti-discrimination laws.

In a corporate setting, a female employee is repeatedly denied access to leadership seminars while male colleagues in the same role attend — leading to their promotion over her.

A tech company holds mandatory late-night training sessions without offering remote options — a policy that effectively sidelines female employees who are primary caregivers. Even though flexible or remote alternatives are possible, the lack of accommodation reflects <a href="/blog/gender-bias-and-remote-work-are-women-at-a-disadvantage-in-nj">gender bias in how the company approaches remote work</a> and professional development.

Keep track of training schedules, invitations, and communications.

Note who was selected for training and why you were denied.

Save emails or comments that suggest bias.

Assess whether you have a claim under NJLAD or federal law

Help negotiate fair treatment or compensation

File a formal complaint with the <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">NJ Division on Civil Rights (DCR)</a> or the <a href="https://www.eeoc.gov/">EEOC</a>

Gender Discrimination Is About Equal Opportunity

Gender Discrimination in NJ Job Training Programs: Legal Perspectives

Unwanted comments about your body or appearance

Negative remarks about taking time off or “milking” leave

Spreading rumors about your work ethic because you’re expecting

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