Case Summary
-
Practice Area: Employment Law – Retaliation
-
Jurisdiction: New Jersey
-
Issue: Termination after raising overtime pay concerns
-
Result: Favorable resolution for employee
Case Overview
Our client was an employee working for a New Jersey-based company who regularly worked overtime hours.
After reviewing their pay records, the client believed their overtime compensation was incorrectly calculated.
The client raised this concern respectfully with a supervisor during a workday.
The very next morning, the client received a text message from the employer stating:
“Do not come to work starting today.”
No prior warnings, disciplinary actions, or performance issues had ever been raised.
Key Legal Issues
This case centered on two critical legal questions:
-
Whether raising concerns about overtime pay constitutes a protected activity under New Jersey and federal law
-
Whether the termination immediately following that complaint constituted illegal retaliation
At-Will Employment in New Jersey Has Limits
New Jersey is an at-will employment state, meaning employers may generally terminate employees with or without cause.
However, termination is not lawful when it is motivated by retaliation for protected conduct, including:
-
Complaints or questions about overtime or unpaid wages
-
Requests for legally protected sick leave or FMLA leave
-
Reporting discrimination, harassment, or other unlawful conduct
In other words, at-will employment does not give employers unlimited power to terminate employees.
Legal Analysis
In this matter, several factors strongly supported a retaliation claim:
-
Close timing between the overtime complaint and termination
-
Lack of any legitimate, independent reason for the termination
-
No history of discipline or performance issues prior to the complaint
Taken together, these facts indicated that the termination was not a routine at-will decision, but rather retaliation for raising wage-related concerns.
Case Result
Our firm represented the employee and asserted claims based on unlawful retaliation under applicable employment laws.
As a result, the matter was resolved under terms favorable to the employee, including compensation related to unpaid wages and damages.
(Specific settlement terms are not disclosed to protect client confidentiality.)
Why This Case Matters
Employees often believe that once they are told “don’t come back,” they have no legal options.
This case demonstrates that termination following actions such as:
-
Questioning overtime pay calculations
-
Raising wage concerns with an employer
-
Speaking up about legally protected workplace rights
may constitute illegal retaliation, even in an at-will employment state like New Jersey.
Attorney Insight
In termination cases, the most important question is not whether an employee was fired,
but why and when the termination occurred.
If an employee is terminated shortly after engaging in protected activity,
the employer may be legally responsible for retaliation.
Employees facing these situations should consult with an experienced New Jersey employment lawyer as soon as possible.
Frequently Asked Questions
Q: Can you sue for termination in an at-will state like New Jersey?
A: Yes. Termination motivated by retaliation for protected activity is illegal under New Jersey and federal law.
Q: Is simply asking about overtime pay legally protected?
A: Yes. Good-faith questions or complaints about wages and overtime are protected activities.
Q: Is a text message telling an employee not to come back considered termination?
A: Yes. If the employer prevents the employee from working, it is considered a termination.
