Legal Question in Employment Law in New Jersey

If I am asked to do a job at a much higher pay scale for 6 months, do they legally have to pay me at the higher rate?


Asked on 2/03/12, 8:02 am

1 Answer from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

In general, employment in New Jersey is: At-Will. This means that an employer can hire, fire, change work assignments, promote/demote, change compensation and benefits, etc. at any time, for good, bad or no reason, and without advanced notice. There are many exceptions to the rule. For example, it is illegal to base such decisions on an individual�s membership in a protected classification (i.e., illegal discrimination) or take such action in retaliation for an individual engaging in protected activity (e.g., �whistle-blowing�) or his/her refusal to engage in illegal activity. Similarly, if an employer and employee have agreed to specific employment terms and conditions (i.e., entered into a contract), both parties must abide by the agreement or face a potential lawsuit. Of course, determining whether your circumstances fall within one of these or the many other exceptions to the At-Will rule will require much more discussion. Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600. Please visit my website - www.bgartenberg.com - or call me if you'd like to learn more about me or my practice. You can also find me on LinkedIn, Facebook and Twitter. Thank you.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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With best wishes,

Barry F. Gartenberg, Esq.

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Answered on 2/03/12, 8:08 am


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