Employment Law

Sexual Harassment - Mark | Lavigne Law Firm

Mark | Lavigne, LLC — Thu, 12 Feb 2026 06:37:14 GMT

Sexual harassment is illegal in New Jersey workplaces.

New Jersey’s Law Against Discrimination (LAD) protects employees against discrimination and harassment based on protected characteristics. Included under this provision is very broad protection against sexual harassment. In fact, the New Jersey LAD’s protections even apply in some situations where an employer did not intend to harass an employee or the employee was not the target of the conduct that gave rise to the sexual harassment claim.

Employee or Independent Contractor - Mark | Lavigne Law Firm

Mark | Lavigne, LLC — Mon, 09 Feb 2026 12:17:44 GMT

While many times we think of “employee” as anyone who does work for someone else, “employee” is actually a legal term that comes with many protections and benefits, including unemployment and workers’ compensation insurance coverage. Other workers can be classified as an “independent contractor” or “1099 employee” (named for the tax form issued to independent contractors).

Employment Contracts - Mark | Lavigne Law Firm

Mark | Lavigne, LLC — Mon, 09 Feb 2026 12:03:21 GMT

Although employment in New Jersey is “at will” by default, employers and workers can choose to negotiate the terms of their employment relationship.

Most employees in the state of New Jersey are “at will” employees by default. This means that either the employer or the employee may end the employment relationship at any time for any legal reason or no reason at all. An employer does not have to establish any sort of “reasonable cause” if it terminates an employee; neither party has to give notice or warning.

Arbitrations in Employment - Mark | Lavigne Law Firm

Mark | Lavigne, LLC — Mon, 09 Feb 2026 11:35:09 GMT

Arbitration Team in Somerset County, New Jersey

Arbitration involves the use of a neutral third party, also known as an arbitrator, to settle disputes between two conflicting parties. Arbitration is often used in a variety of legal settings, including employment disputes. In many situations, employees may be subject to an arbitration agreement by their own consent or the consent of their union. Unfortunately, however, many employees may not even be aware that their employment relationship is subject to arbitration or that arbitration may involve the waiver of some of their legal rights.

Good Faith & Fair Dealing - Mark | Lavigne Law Firm

Mark | Lavigne, LLC — Sun, 25 Jan 2026 05:00:00 GMT

If parties enter into an employment contract, New Jersey law presumes they do so in good faith and plan to deal with each other fairly.

Employment contracts are sometimes used to define the specific terms and conditions of the relationship between an employee and an employer. Under New Jersey law, every employment contract contains an implied covenant of good faith and fair dealing. This means that even though it might not be explicitly stated in the contract itself, there is an understanding that both parties

Handbooks – Woolley Claims - Mark | Lavigne Law Firm

Mark | Lavigne, LLC — Sat, 24 Jan 2026 05:00:00 GMT

An ambiguous employee handbook may alter the at-will relationship between an employer and employee.

In New Jersey, most employees are classified as “at will.” This means that either the employee or their employer may end the employment relationship at any time, for any legal reason, with or without notice or cause. If the parties enter into an employment contract, however, the terms of that agreement govern the conditions of employment and termination. Both parties are bound by the terms of the contract and can be liable if there is a breach.

Mandatory Arbitration Agreements - Mark | Lavigne Law Firm

Mark | Lavigne, LLC — Fri, 23 Jan 2026 05:00:00 GMT

Many employers now require workers to agree to settle all future grievances via binding arbitration.

Often an employer requests that a new or existing employee sign a code of conduct or employee manual that contains stipulations surrounding the terms of employment. One common provision in these documents is an agreement to use binding arbitration in the event that the employer-employee relationship turns sour and a dispute arises. If the employee is the member of a union, the union may have agreed to settle disputes via arbitration through a collective bargaining agreement, which is applicable to all covered union employees. Unfortunately, many employees may not be aware that their employment relationship is subject to a mandatory arbitration agreement or understand that this involves giving up some of their legal rights.

Non-Compete and Non-Solicitation Agreements - Mark | Lavigne Law Firm

Mark | Lavigne, LLC — Fri, 23 Jan 2026 05:00:00 GMT

Restrictive covenants may be enforced if they are reasonable and narrowly tailored to protect an employer’s interests.

A non-compete agreement is a special type of employment contract that specifies restrictions on the type of work an employee may perform during or after the conclusion of their employment. Non-compete agreements usually place limitations on where, how, and for whom an employee may work after they leave their current employment.

Termination and Severance Agreements - Mark | Lavigne Law Firm

Mark | Lavigne, LLC — Thu, 22 Jan 2026 05:00:00 GMT

A severance agreement is a type of employment contract that explains how an employee will be compensated at the time dismissal, layoff, or termination of employment.

There is no legal requirement for U.S. employers to pay severance to employees who separate from employment unless there is a severance agreement, union contract, or other company policy in place. Whether terminating an individual employee or performing large-scale layoffs, many companies utilize termination or severance agreements.

Filing a Discrimination Claim - Mark | Lavigne Law Firm

Mark | Lavigne, LLC — Thu, 22 Jan 2026 05:00:00 GMT

If you believe you have been the victim of employment discrimination in New Jersey, you may have a number of legal options. You may be able to pursue a complaint to the federal Equal Employment Opportunity Commission (EEOC) if your claims arise out alleged violations of federal laws. For violations of state laws, your claim may be investigated by the New Jersey Division of Civil Rights (DCR). If you have claims under both federal and state law, the agencies can work together to investigate the circumstances.