As an employee, it is in your best interests to have a general understanding of employment law. If you believe your rights are being violated in any way, you can then consult with an experienced lawyer and possibly take legal action against your employer. However, there are numerous myths floating around that you should be aware of before you decide to file a claim.
The following list contains some of the most common misconceptions about employment law:
- Your employer cannot fire you without a reason: This may be the most prevalent myth about employment law. In the state of New Jersey, an employer may fire an employee at any time and for any reason. An employer cannot, however, terminate an employee based on race, creed, national origin, age, handicap, gender, sexual orientation or marital status.
- If your employer acts like a jerk, you can sue him or her: It is not illegal for an employer to act like a jerk to his or her employees. While you may be angry that your boss isn’t polite or considerate, you can only take legal action against him or her if he harasses you or treats you poorly because of your race, creed, national origin, age, handicap, gender, sexual orientation or marital status.
- Your employer must warn you before terminating you: False. There is no law that requires your employer to provide you with a warning before firing you. Again, since New Jersey is an at-will employment state, your employer can fire you at any time and for any reason as long as it is not based on your belonging to one of the protected classes mentioned above.