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Common Myths about Employment Law

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.
Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Retired

About Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for…

Bruce  L.  Atkins Attorney Photo
Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey’s premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005.  This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins…

Adam  J.  Kleinfeldt Attorney Photo
Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015.  He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters.  He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict…

Diane  Englander  Peyser Attorney Photo
Diane Englander Peyser
Attorney

About Diane Englander Peyser joined Deutsch Atkins & Kleinfeldt, P.C. in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins & Kleinfeldt, P.C., Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination,…

Debra M. McGarvey Attorney Photo
Debra M. McGarvey
Attorney

About Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA),…

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