Employee Communications: New Jersey
Federal law and guidance on this subject should be reviewed together with this section.
Author: John Sarno, Employers Association of New Jersey
- New Jersey is a highly litigious state and HR professionals must have knowledge of court-made laws, including the rules pertaining to employee handbooks, employment at will, privacy protections and other employment agreements. See Effective Workplace Communication.
- Several New Jersey laws require the posting of important information in the workplace. SeeCommunications in Postings Required by New Jersey Law.
- New Jersey courts recognize the legal concept of employment at will, which means that the employment relationship can be terminated by either the employer or the employee, with or without cause and with or without notice. SeeEmployment at Will.
- Employers must meet certain legal standards when communicating the at-will relationship to employees. SeeEmployment at Will.
- As employers increasingly require employees to post photographs and profiles on employer-administered internet sites, intranet sites or social networking platforms, employers should be aware that New Jersey courts have recognized a restriction on how an employer may use the photographic or digital image of an employee. SeeUsing Employee Images.
- Employers should use caution when implementing policies regarding an employee's electronic mail communications. SeeMonitoring Employee Electronic Communications.
- While various agreements, such as arbitration and noncompetition agreements are typically enforceable in New Jersey, they can be complex and therefore require the assistance of an experienced lawyer. SeeCommunicating Alternative Dispute Resolution Agreements; Communicating Noncompetition Agreements.
- New Jersey has enacted a Trade Secrets Act. See Protecting Trade Secrets.
- New Jersey law may protect against the assignment of an employee's rights to an invention to an employer. See Protecting Employee Inventions.