Provide additional training or supervision

Decide whether to continue your employment long-term

Legal Reasons vs. Illegal Reasons for Termination

Discrimination based on race, gender, religion, age, disability, national origin, sexual orientation, or pregnancy

Retaliation for filing a complaint or reporting misconduct (whistleblowing)

Termination because of a disability or medical condition, especially if you requested a reasonable accommodation

Retaliation for discussing wages or union involvement

Key Protections That Apply to Probationary Employees in NJ

1. New Jersey Law Against Discrimination (NJLAD)

2. Conscientious Employee Protection Act (CEPA)

Red Flags: Was Your Probationary Termination Unlawful?

You were fired shortly after disclosing a pregnancy or disability

You reported harassment or illegal activity, then lost your job

You were <a href="/blog/wrongful-termination-for-refusing-unsafe-work-in-nj">terminated for refusing unsafe work</a>

Comments or conduct from a manager suggested bias against your age, gender, or race

You were the only employee in a protected category let go during a round of “probationary” dismissals

What Happens If You Signed an At-Will or Probation Agreement?

What Should You Do If You Suspect an Illegal Termination?

Save emails, texts, and messages from your manager

Write down dates, comments, and incidents

Keep copies of your offer letter, probation agreement, or handbook

Legal Remedies Available to Probationary Employees

Punitive damages (if the employer acted maliciously)

Contact Us for Legal Advice and a Free Consultation

Terminated During Probationary Period: Do NJ Workers Have Rights?

The amount of severance pay or benefits you received

The terms or existence of the agreement itself

Any claims you made or could have made against your employer

Information about the company’s business operations, clients, or internal practices

Where These Clauses Show Up in Severance Agreements

A release of claims (you give up your right to sue)

A non-disparagement clause (you agree not to criticize the employer)

A confidentiality or non-disclosure clause (you agree to stay silent)

A cooperation clause (you agree to assist the employer in future legal matters)

Terms about severance pay and continuation of benefits

You left a job due to discrimination, harassment, or retaliation

You’re pursuing or considering future legal action

You’re applying for jobs and want to explain why you left

You’re part of an industry where reputation matters

Confidentiality and Whistleblower Protections in NJ

What to Look for in a Confidentiality Clause

2. Restrictions on Reporting Illegal Behavior

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/">NJ Division on Civil Rights</a>

Can You Negotiate a Confidentiality Clause?

Limit the scope: Ask that the confidentiality clause only apply to trade secrets or financial terms — not your experience or legal claims.

Add exceptions: Request language allowing you to speak with family, therapists, legal counsel, or government agencies.

Push for parity: If you’re barred from criticizing your employer, ask that they be barred from disparaging you too.

Challenge illegal terms: If the clause would stop you from discussing unlawful treatment, point out that it may violate NJLAD.

Silence Should Never Be the Price of Fairness

How Confidentiality Clauses Affect Your Severance in NJ

Understanding Sexual Harassment Under NJ Law

Quid pro quo harassment — when job benefits are tied to sexual favors (e.g., “If you want a promotion, you need to go on a date with me.”)

Hostile work environment — when sexually offensive behavior makes the workplace intimidating, hostile, or abusive

What Types of Evidence Can Help Your Case?

Emails with inappropriate jokes, photos, or innuendo

Any communications where you set boundaries or ask the behavior to stop

Others who were also targeted by the same person

Managers or HR reps who heard your complaint

4. HR Complaints and Internal Investigations

Outcomes of your complaint (discipline, transfers, silence)

What Should You Do If You’re Being Harassed?

Document Everything — Keep a personal log and save any relevant communications

Review Your Employee Handbook — Understand the reporting process

Report It Internally — Tell your supervisor or HR in writing

Don’t Delete or Destroy Evidence — Even if it's uncomfortable, save it securely

Avoid Resigning Without Legal Advice — Leaving your job doesn’t mean you lose your rights

Talk to an Attorney — A sexual harassment attorney in New Jersey can help you assess whether you have a strong claim

<a href="https://rainn.org/resources">National Sexual Assault Hotline: Confidential 24/7 Support</a>

<a href="https://www.womenagainstabuse.org/get-help/resources/sexual-harassment-at-work-a-resource-for-survivors-and-allies">Sexual Harassment at Work: A Resource for Survivors and Allies</a>

What Evidence Do You Need for a Sexual Harassment Case in NJ?

A serious health condition that makes you unable to perform your job

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

Work for a covered employer (more on that below)

Have worked at least 12 months for your employer

Have at least 1,250 hours of service during the previous 12 months

Work at a location where the employer has 50 or more employees within 75 miles

Employee Notice Requirements: What You Need to Know

Foreseeable Leave: If you know in advance (e.g., for a planned surgery or childbirth), you must give at least 30 days' notice. If you were <a href="/blog/denied-fmla-leave-for-surgery-nj-legal-options-explained">denied FMLA leave for surgery</a> despite giving proper notice, that could be a violation of your rights.

Unforeseeable Leave: If you can’t predict the need (e.g., an emergency or sudden illness), you must notify your employer as soon as practicable, typically within 1 to 2 business days.

“I need time off to recover from surgery.”

“My child has a serious health condition, and I need to care for them.”

“My spouse was just hospitalized, and I need to take care of things at home.”

Post a notice explaining FMLA rights in a visible location (even for remote workers, this can be posted online)

Provide written information to new employees about FMLA — often in an employee handbook or orientation materials

Whether they meet the eligibility criteria

Any rights or responsibilities moving forward

The specific expectations and obligations of the employee

Whether paid leave will run concurrently with FMLA

The employee’s obligation to return to work

What Happens When Employers Fail to Provide Notice?

Prevent the leave from being counted against the employee’s FMLA entitlement

Result in liability for interference or retaliation under the FMLA

Lead to lost wages, benefits, reinstatement, or damages

Coordination with the NJ Family Leave Act

Provides up to 12 weeks of leave in a 24-month period

Only applies to leave for caring for a family member, not for your own illness

Applies to employers with 30 or more employees

Employees must give 30 days’ notice if leave is foreseeable

Employers must provide similar notices about eligibility and designation

What If You Think Your FMLA Rights Were Violated?

Request an Explanation in Writing Ask your HR department to explain how your leave was handled and why it was approved or denied.

Gather Documents Save emails, medical certifications, pay stubs, and any paperwork related to your leave request.

File a Complaint with the State The <a href="https://www.dol.gov/agencies/whd">Department of Labor (Wage and Hour Division)</a> investigates FMLA violations and can help recover wages or benefits.

Talk to an Employment Attorney If your job was affected (if you were fired, demoted, or denied leave), a FMLA attorney in New Jersey can guide you through your legal options and help you file a lawsuit if necessary.

Notice Is the Foundation of FMLA Protection

FMLA Notice Requirements for NJ Employees and Employers

Paid sick leave, which is required under NJ law for many employees

Workers’ compensation if you get injured while working

Employer contributions to Social Security and Medicare

A. The worker is free from control or direction over the performance of the work.

B. The work is outside the usual course of the hiring entity’s business.

A remote writer for a media company likely falls within the core business.

A freelance plumber hired by a clothing store likely does not.

C. The worker is customarily engaged in an independently established trade or business.

Signs a Remote Freelancer May Be Misclassified

You’ve worked there for months or years without a formal contract

You’re paid like an employee (weekly, biweekly)

Recent NJ Crackdowns on Misclassification

What to Do If You Think You’ve Been Misclassified

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>

A Home Office Doesn’t Mean You’re On Your Own

Can Remote Freelancers Be Misclassified Under NJ Law?

Overtime must be paid at 1.5 times the employee’s regular hourly rate

Only hours worked over 40 hours per week count toward overtime — not daily totals

There is no requirement for overtime on weekends or holidays unless the 40-hour threshold is met

Two employees in the same role, but only one is consistently approved for extra shifts

A manager routinely offers overtime to male workers, even though female coworkers are equally qualified

A Black employee is overlooked for overtime opportunities, while white coworkers are encouraged to take on more hours

Part-time workers are asked to work long hours without being paid the proper overtime rate

LGBTQ+ employees notice their overtime is frequently denied without clear explanation

The Link Between Overtime Disparities and Equal Pay

Lost income: Overtime wages can significantly boost take-home pay

Missed bonuses: Many companies tie performance bonuses to total hours or project completion

Promotion bias: Employees working more hours may be viewed as more committed

Wage history: Future salary negotiations often rely on past income — which may be lower due to lost overtime

Overtime requests made and whether they were approved or denied

Who received overtime in your department or team

Job duties and responsibilities across coworkers

Emails, schedules, or verbal conversations about overtime

The <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">New Jersey Division on Civil Rights (DCR)</a>

The <a href="https://www.eeoc.gov/">U.S. Equal Employment Opportunity Commission (EEOC)</a>

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

Overtime Disparities and Equal Pay Violations in NJ

Understanding Workplace Harassment Under NJ Law

Create a hostile or abusive work environment, and

Be based on a protected characteristic, or

Be retaliatory (for reporting discrimination, participating in investigations, or asserting legal rights)

Not being invited to meetings you usually attend

Being left off important emails or group communications

Being excluded from workplace events, lunches, or team activities

Receiving little to no feedback or support from your manager

Being ignored during discussions or treated as invisible

Getting reassigned to solitary tasks or roles without explanation

Being physically separated from coworkers without justification

1. It’s Based on a Protected Characteristic

A woman is consistently excluded from client meetings while her male colleagues are included.

An older employee is left out of team training sessions and told they “probably won’t get the new system anyway.”

An employee with a disability is moved to a remote office and no longer included in planning conversations.

Does it interfere with your ability to do your job?

Has it affected your emotional health or work performance?

3. The Employer Knew or Should Have Known

What Should You Do If You’re Being Isolated?

Assess whether your experience meets the legal threshold

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 <a href="https://www.eeoc.gov/">EEOC</a>

Isolation Isn’t Always Just Office Drama

Is Isolation at Work Considered Harassment in New Jersey?

Understanding Wage Deductions in New Jersey

Other deductions — but only if you’ve given voluntary, written authorization Examples include:

Common Examples of Illegal Wage Deductions in NJ

You must be fully informed (no hidden clauses or fine print)

It cannot bring your take-home pay below the minimum wage

How Illegal Deductions Affect Minimum Wage Compliance

What Can You Do if You Suspect Illegal Deductions?

Know What’s Yours, and Don’t Settle for Less

Illegal Wage Deductions in NJ: When Employers Cross the Line

What the Law Says About Gender Discrimination in New Jersey

What Are “High-Profile Projects” and Why Do They Matter?

Come with more visibility from senior leadership

Offer leadership experience or public-facing roles

Shape the direction of the company or department

Signs Gender Discrimination May Be at Play

What to Do If You Suspect Gender Bias in Project Assignments

Project assignments and who received them

Your qualifications and interest in the projects

Patterns of how projects are distributed among male and female employees

Times you were denied opportunities, especially without explanation

4. Contact a New Jersey Employment Lawyer

Develop clear, transparent processes for assigning key projects

Offer equal access to training, mentoring, and client-facing work

Regularly review assignment and promotion data for disparities

Train managers on recognizing and correcting bias

Take complaints seriously and investigate patterns of exclusion

Is Being Overlooked for High-Profile Projects Gender Discrimination in NJ?

Remote Work as a Reasonable Accommodation

You have a disability — either physical, mental, or emotional — that substantially limits one or more major life activities.

You are qualified for the job — meaning you can perform the essential functions of your job with or without reasonable accommodation.

Remote work would enable you to perform your duties without imposing undue hardship on the employer.

Depression or other mental health disabilities

1. The New Jersey Law Against Discrimination (NJLAD)

2. The Americans with Disabilities Act (ADA)

Employment Law Insights & Resources

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