When many employers hire an employee that will have access to valuable internal information, they ask them to sign a noncompete agreement. Noncompetes (also known as restrictive covenants), offer an excellent means of protecting the financial interests of the business, if done right. However, if the court does not later uphold the noncompete because it is invalid, it does the business no good. As a result, it is important for business owners to have a basic understanding of the law regarding noncompetes in New Jersey in order to avoid this problem.
Businesses sometimes find themselves facing discrimination claims they believe are frivolous. When an employee has filed such a complaint, however, care should be taken by the company. If the complaining employee is one whose work is substandard, businesses must still be careful when planning to terminate the person's employment.
Many businesses make concerted efforts at bringing in fresh, new talent and make a point of recruiting from college campuses while ignoring more experienced potential employees. As a result of this, many people from the Baby Boomer generation are being pushed out of the workforce. A number of these individuals are knowledgeable, experienced and hard workers.
Employees in New Jersey may be affected by a Feb. 11 court decision that may make it harder to hold employers accountable for management personnel who commit sexual harassment offenses. Judges claimed that the recent decision could help motivate employers to uphold anti-harassment policies that are effective, as well as hold employees accountable for being prompt and responding appropriately when there is a sexual harassment issue. The dissenting judges contended that the ruling could set the many employees back several decades.
New Jersey employees could potentially benefit from understanding more about what actions qualify as a violation of civil rights. When there has been a civil rights violation, victims may have several options available for attempting to remedy the situation. In order to resolve an issue, people victimized by a civil rights violation may file a claim with the appropriate government agencies, file a private lawsuit in court or attempt to reach an agreement through informal negotiations.
Workplace harassment is unfortunately a pervasive problem that is encountered in New Jersey and around the country. It can take many forms, and there are federal laws that prohibit it and that provide protections to those who are its victims.
New Jersey workers might be interested in learning more about the laws governing employee discrimination as described by the office of the attorney general. The New Jersey Law Against Discrimination makes it unlawful to subject applicants or employees to mistreatment due to their race, nationality, ancestry, sex, age or marital status. Employers are also prohibited from discriminating against these people on the basis of a disability, military history, gender identification, sexual orientation or genetic information.
Bergen County businesses who own valuable trade secrets may be interested in issues that may exist with their employees. Through the use of employment contracts, these trade secrets can be given legal protection that goes beyond company or social norms.
Many New Jersey employers fall under the Family and Medical Leave Act, which requires certain notification requirements to be met. Every covered employer has to display a general notice about the act and provide information to their employees regarding their rights. Schools, public agencies and most private employers with at least 50 employees must put up a FMLA poster and provide written materials or risk fines.
Layoffs are a reality that many businesses must face. The actions can be difficult but may be necessary in certain situations. In order to lay off employees in New Jersey, an employer must follow certain steps.