What’s Usually Included in a Severance Package?

Severance pay: A lump sum or continuation of salary for a set period.

Benefits continuation: Extended health insurance (sometimes paid by the company) or help with <a href="https://www.dol.gov/general/topic/health-plans/cobra">COBRA </a>costs.

Stock options or restricted stock: In tech, this can be one of the biggest parts of your compensation. Companies may accelerate vesting or extend the time you can exercise options.

Outplacement services: Help with resume writing, job searching, or career coaching.

Non-compete or non-solicitation clauses: Restrictions on where you can work or whom you can recruit after you leave.

Confidentiality and non-disparagement: Promises not to reveal company secrets or badmouth the company publicly.

Volatility: Startups pivot, get acquired, or shut down quickly, often leading to layoffs.

Equity compensation: Stock options and grants can make up a significant part of total pay.

Non-competes: Tech professionals are more likely to face restrictions that could limit future opportunities.

Specialized skills: In-demand workers often have leverage to negotiate better terms.

Tips for Negotiating Tech Severance in NJ

Stay professional — Even if you’re frustrated or hurt, keep your communications respectful. This helps preserve goodwill and your negotiating power.

Ask for everything in writing — Verbal promises about pay, equity, or references should be put into the agreement.

Think beyond pay — Consider what matters most to you: health coverage, equity, job search support, or future work restrictions.

Don’t go it alone — An severance agreement lawyer in New Jersey can help you spot red flags, identify negotiation points, and protect your interests.

Understand your unemployment rights — Severance payments structured in certain ways might delay or affect your eligibility for unemployment benefits. Know how your package interacts with those benefits.

What If You’re Pressured to Sign Right Away?

It’s reasonable to request time to review the agreement.

Under federal law, workers over 40 offered severance tied to a release of age discrimination claims must get at least 21 days to consider it.

If you feel rushed or threatened, it’s a red flag. Take a step back and seek help.

You suspect you were laid off for a discriminatory or retaliatory reason.

Your agreement has complex stock or bonus provisions.

You’re being asked to sign a broad non-compete.

The agreement waives important rights without clear explanation.

You’re uncomfortable negotiating alone.

Make sure non-disparagement clauses don’t stop you from giving references or accurately describing your experience.

Clarify what your company will say to future employers. Will they confirm your dates and position, or give more details?

Know how restrictive covenants might limit your job search.

Negotiating Severance Packages for NJ Tech Professionals

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

Bond with a new child (by birth, adoption, or foster care placement)

Handle certain needs when a family member is on active military duty

Have worked for your employer for at least 12 months (not necessarily consecutive)

Have logged at least 1,250 work hours during the past 12 months

Work for an employer that has at least <a href="https://www.dol.gov/agencies/whd/fact-sheets/28-fmla#:~:text=50%20employees%20within%2075%20miles">50 employees within 75 miles</a> of your worksite

FMLA and Remote Employees: How Does It Work?

Your worksite is generally considered the office or location where you would report in person, or from where your assignments are made.

If your work is assigned and supervised from a company office, that location is your worksite for FMLA purposes — even if you never go there physically.

The 50-employee rule looks at how many people work within 75 miles of that office, not your home.

What Counts as a Serious Health Condition?

Conditions requiring inpatient care (like surgery or hospitalization)

Ongoing conditions requiring regular treatment (like cancer, diabetes, or severe asthma)

Periods of incapacity (like pregnancy complications, serious infections, or injuries)

How Remote Work Can Complicate Leave Requests

Employers may assume you can keep working from home even while you or your family member are ill.

Some managers mistakenly believe you don’t need leave if you’re not physically coming into an office, and <a href="/blog/denied-fmla-leave-for-surgery-nj-legal-options-explained">deny your leave for surgery and recovery after</a>.

Employers may question your need for leave if you’ve been able to juggle work and medical appointments while remote.

How to Request FMLA Leave as a Remote Employee

Notify your employer: Give as much notice as possible. For planned leave (like surgery), 30 days’ notice is ideal. For emergencies, notify them as soon as you can.

Provide medical certification: Your employer can require documentation from a health care provider showing your need for leave.

Clarify your worksite: Make sure HR knows where you report or get assignments — it can affect whether you meet the 50-employee threshold.

Get it in writing: Keep records of your request, communications with HR, and any paperwork you submit.

What Protections Do You Have as a Remote Worker?

Your employer can’t fire you, demote you, or otherwise retaliate against you for taking FMLA leave.

You’re entitled to return to the same or an equivalent job after your leave ends.

Your employer must continue your group health insurance under the same terms as if you hadn’t taken leave.

What If Your Employer Denies Your FMLA Leave?

File a complaint with the U.S. <a href="https://www.dol.gov/">Department of Labor (DOL)</a> — The Wage and Hour Division handles FMLA violations.

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</a> — If the issue also involves discrimination or retaliation, NJLAD may apply.

Consider legal action — An FMLA lawyer in New Jersey can help you assess your case and guide you through your options, including negotiating with your employer or pursuing a lawsuit if necessary.

Emails or messages with HR or supervisors about leave requests

Pay stubs showing your hours (for hourly workers)

Notes from your doctor recommending time off or accommodations

Any paperwork submitted for FMLA or NJFLA leave

FMLA and Remote Employees: Understanding Your Rights in NJ

What Does “Misclassification” Actually Mean?

You work regular hours set by your boss, but you’re paid without taxes taken out.

You use company tools or equipment every day but are told you’re “on your own.”

You’re expected to follow company policies and procedures but aren’t on the payroll.

Providing workers’ compensation or disability insurance

Complying with minimum wage and overtime laws

Offering benefits like health insurance or paid time off

The ABC Test: How NJ Determines Worker Status

A — The worker is free from control or direction over how they do their work.

B — The work is performed outside the usual course of the company’s business or outside all the company’s places of business.

C — The worker is engaged in an independently established trade, occupation, or business.

If you report to a site every day and take instructions from a foreman, you’re likely not free from control.

If your work is part of the company’s main business — like framing houses for a contractor — you’re probably not working outside the usual course.

If you don’t have your own established business (with your own clients, insurance, and business cards), you’re probably not independent.

Overtime pay — As an employee, you’re entitled to time-and-a-half after 40 hours a week. Misclassified workers often get no overtime.

Minimum wage protections — Employers might pay a flat rate or piece rate that ends up below minimum wage <a href="https://www.nj.gov/labor/wageandhour/support/faqs/wageandhourworkerfaqs.shtml">(currently $15.49/hour in 2025)</a>.

Workers’ compensation — If you’re injured on the job and misclassified, you might be denied medical care and wage replacement.

Unemployment benefits — Laid-off misclassified workers may not be eligible for unemployment.

Legal protections — Employees have rights to family leave, discrimination protections, and more. Independent contractors do not.

Lawsuits from workers seeking unpaid wages or benefits

Criminal charges in cases of intentional fraud

Your employer controls your hours, tasks, or how you do your work.

You wear a uniform or badge with the company’s name.

You use tools or equipment owned by the company.

You don’t advertise your own business or have other clients.

You’re paid by the hour or week, not by contract.

Taxes aren’t taken out of your paycheck, and you get a 1099 form at tax time instead of a W-2.

What You Can Do If You’re Misclassified

The Risks of Misclassification in NJ’s Construction Industry

Employers posting salary ranges on job ads

Employees freely <a href="/blog/is-it-legal-to-discuss-salaries-with-co-workers-in-nj">discussing their salaries without fear of retaliation</a>

States enacting laws to protect workers who talk about pay

Prohibit you from discussing your wages with coworkers

Retaliate against you for sharing or asking about pay

Require you to sign an agreement promising not to talk about your salary

New Jersey’s Diane B. Allen Equal Pay Act

Same pay for same (or substantially similar) work — Employers must pay employees equally for similar jobs unless they can show a legitimate reason (like seniority, merit, or production-based systems).

No gag rules — Employers can’t prevent you from asking about or discussing pay with coworkers.

Protection against retaliation — If you bring up pay disparities or file a complaint, your employer can’t legally punish you for it.

Expanded time to bring a claim — Under the law, each time you’re paid unfairly counts as a separate violation, which gives you more time to act.

Do NJ Employers Have to Post Salary Ranges?

Ask about your past salaries during interviews

Require you to share your salary history as a condition of getting hired or promoted

Use your pay history to determine your new salary (unless you volunteer it)

You discover someone with the same role and similar experience earns significantly more.

Raises or bonuses seem to favor certain groups or individuals without clear explanation.

Your employer discourages or forbids conversations about pay.

Your performance reviews are positive, but you’re consistently denied promotions or pay increases compared to peers.

What Should You Do If You Suspect Pay Discrimination?

Document Everything Keep copies of offer letters, pay stubs, performance reviews, job postings, and any communication about your pay.

Compare Job Duties The Equal Pay Act looks at whether jobs are “substantially similar”, not identical titles. Compare tasks, responsibilities, skills, and working conditions with colleagues.

Talk to HR (If Safe) Consider raising concerns internally. Many employers will investigate pay disparities once they’re brought to light.

File a Complaint If your employer won’t address pay discrimination, you can file 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>. Generally, you have 180 days from the act of discrimination to file with DCR.

Consult an Attorney An equal pay act attorney in New Jersey can help you understand your options, negotiate on your behalf, or pursue legal action if necessary.

Strengthen diversity and inclusion efforts

Pay Transparency Laws in NJ: What Employees Should Know

What the Law Says About Off-the-Clock Work in NJ

The <a href="https://www.nj.gov/labor/wageandhour/tools-resources/laws/">New Jersey Wage and Hour Law (NJWHL)</a>

The <a href="https://www.dol.gov/agencies/whd/flsa">federal Fair Labor Standards Act (FLSA)</a>

What Counts as “Working Off the Clock”?

Being told to clock out before cleaning up your work area at the end of a shift

Having to clock out before helping customers or finishing paperwork

Doing prep work before your shift “officially” starts — like setting up a station or counting cash

Working through unpaid breaks because your employer asks you to cover something

Attending mandatory meetings or training sessions off the clock

Answering emails, texts, or calls about work after hours without pay

Can Your Employer Claim It’s “Just a Few Minutes”?

Cost cutting: Employers want to save on labor costs by avoiding overtime or paying fewer hours.

Pressure from higher-ups: Managers may feel pushed to keep labor budgets down.

Poor training: Supervisors might not even realize asking employees to work off the clock is illegal.

Toxic work culture: Some workplaces reward “going the extra mile” at the expense of legal rights.

Lost Wages: Even 10 minutes a day can add up to hours of unpaid work over weeks or months.

Lost Overtime: If your off-the-clock time pushes you over 40 hours, you could miss out on time-and-a-half pay you’re owed.

Reduced Benefits: Some benefits, like paid time off or retirement contributions, depend on accurate hours.

Exhaustion &amp; Burnout: Working without pay can make you feel taken advantage of, undervalued, and worn down.

Can Your Employer Claim You “Volunteered” to Work Off the Clock?

Be paid at least the minimum wage (<a href="https://www.nj.gov/labor/wageandhour/assets/PDFs/minimumwage_postcard.pdf">$15.49 per hour as of January 2025</a>) for every hour worked

Receive overtime pay of 1.5 times your regular rate for hours worked over 40 per week

Protection from retaliation (like reducing your hours, changing your schedule, harassing you, or firing you because you complained),if you raise concerns about wage theft

What to Do If You’re Being Asked to Work Off the Clock

Know your rights Read up on New Jersey wage laws and the FLSA. The law is clear: if you work, you must be paid.

Raise concerns internally If you feel safe doing so, talk to your supervisor or HR. Sometimes employers don’t realize what managers on the ground are doing.

File a complaint If the problem doesn’t stop, you can <a href="/blog/how-to-file-a-wage-complaint-in-new-jersey">file a wage complaint</a> with the <a href="http://nj.gov/labor">New Jersey Department of Labor and Workforce Development (NJDOL)</a>.

Consider legal action Wage theft can cost workers thousands of dollars. Talking to a wage and hour attorney in New Jersey can help you recover unpaid wages, overtime, and even penalties.

Can You Be Forced to Clock Out but Keep Working in NJ?

The Reality: Gender Gaps Still Exist in NJ Tech

Harassment or bias in hiring, promotion, and everyday interactions

What Gender Discrimination Looks Like in Tech

Hiring Bias: A qualified woman is passed over for a developer role while a less-qualified man gets the job.

Pay Inequality: Two employees in the same role — one male, one female — receive different salaries or bonuses, without a valid reason.

Promotion Gaps: Women consistently hit a “glass ceiling,” seeing men promoted into leadership roles while they’re left behind.

Harassment in the Workplace: Offhand comments about appearance, ability, or commitment to the job; sexist jokes during meetings or in chat threads.

Unequal Access to Projects: Men are offered high-visibility, career-building assignments, while women are given support tasks or lower-profile work.

Retaliation for Speaking Up: After raising concerns about bias or unfair treatment, an employee sees her performance evaluations decline, or she’s excluded from key decisions.

NJLAD: New Jersey’s Strong Protection Against Gender Discrimination

Any term, condition, or privilege of employment

How Gender Discrimination in Tech Often Goes Unreported

Fear of retaliation or being labeled a “troublemaker”

Concern about damaging professional relationships

Belief that HR won’t take complaints seriously

Worry about being isolated or excluded on future projects

The perception that bias is “just the way it is” in tech

How to Recognize When You Might Have a Case

You’re consistently paid less than male peers for the same work.

You’re denied promotions, even when your reviews are strong and you meet qualifications.

You’re excluded from key meetings, projects, or networking events without explanation.

You’re subjected to unwelcome comments about your appearance, family plans, or ability to handle stress.

Your complaints about unfair treatment are ignored or downplayed.

What You Can Do If You Experience Gender Discrimination

Document everything: Keep records of pay stubs, emails, performance reviews, job descriptions, and any communications that show bias or unfair treatment. Notes on conversations and meetings — including dates, times, and witnesses — can also be valuable.

Raise concerns internally (if safe to do so): Many companies have policies and reporting systems for discrimination and harassment. Reporting through these channels can sometimes resolve issues — and it shows that you tried to address the problem.

Consider external options: If internal reporting doesn’t work — or if you don’t feel safe raising concerns at work — you 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>. You usually have 180 days from the last act of discrimination to file.

Talk to a lawyer: Gender discrimination cases can be complex. A gender discrimination lawyer in New Jersey can help you assess your situation, understand your rights, and explore options — whether that means filing a complaint, negotiating a resolution, or pursuing a lawsuit.

Auditing pay practices to identify and correct disparities

Training managers and staff on bias, discrimination, and inclusion

Creating clear, accessible reporting channels for complaints

Holding those who engage in discriminatory behavior accountable

Is Gender Discrimination Common in NJ Tech Companies?

The Fine Line Between Humor and Harassment

What Kinds of Workplace Pranks Can Cross the Line?

Targeting appearance or identity: Repeated jokes or pranks about someone’s accent, weight, disability, or religious clothing

Sexually inappropriate pranks: “Jokes” involving unwanted touching, sexual props, or explicit images

Racially offensive pranks: Gags that play on harmful stereotypes or involve slurs, even if someone says it’s “just a joke”

Sabotage disguised as humor: Hiding necessary equipment, tampering with work tools, or setting someone up to fail — especially when it’s aimed at certain employees

Exclusionary pranks: Gags meant to isolate or humiliate a person repeatedly, creating a toxic environment

How Harmless Jokes Can Turn Into a Hostile Work Environment

The pranks happen repeatedly, creating constant stress or dread

They’re directed at the same person or group

Management ignores or downplays complaints

The target starts avoiding work events, missing days, or struggling to concentrate

The jokes interfere with someone’s ability to do their job

Real-Life Example: When Jokes Cross the Line

What To Do If You’re the Target of Harassing Pranks

Creating a Workplace Where Humor Doesn’t Hurt

Providing harassment and sensitivity training

Employment Law Insights & Resources

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