New Jersey’s employment laws feature a variety of protections for workers, and in small businesses, that can create some uncomfortable scenarios for an owner or manager.
One law, N.J.S.A. 2C:40a-3, Wrongful Discharge of Employee, makes it an offense to discipline or fire an employee whose wages are subject to garnishment.
Wage garnishment often happens from a failure to pay child support, and quite understandably, many people may be tempted to clean house by getting rid of a so-called “deadbeat” parent.
Don’t do it. Under 2C:40a-3, it’s a disorderly persons offense, the equivalent of a misdemeanor, to terminate or discipline an employee under these circumstances.
In the worst case, that can mean six months in jail and a fine of $1,000, but you’ll also have to re-hire and pay damages to an employee who can substantiate allegations that you violated the law.
Of course, there are also situations where an employee alleges misconduct based on disciplinary action that has nothing at all to do with wage garnishment.
If you’re facing a complaint based on 2C:40a-3, talk to an experienced lawyer right away.
There’s no reason that you or your business should suffer because of another person’s false assertions.
Call Matthew Reisig today at 732-625-9661 for a free consultation with an experienced New Jersey criminal defense lawyer.