- Sexual Harassment Law in NJ
- Workplace Harassment Law in NJ
- Discrimination Law in NJ (race, sex, pregnancy, age, religion, disability, etc.)
- Severance Pay and Employment Agreements (review & negotiation)
- Unpaid Overtime Law in NJ (wage and hour lawsuits)
- Whistle-Blower Law in NJ
- Family and Medical Leave Act
- Non-Compete Agreements
Paul Castronovo and Tom McKinney have been recognized by their peers as a NJ Super Lawyer, NJ Super Lawyer - Rising Star, a Best Employment Attorney in New Jersey, and a Top 10 Attorney in the State of New Jersey.
NJ Employment Law FAQ - The Litigation Process Explained
NJ Unpaid Overtime Lawyer and Overtime Lawyer in NJ: Our NJ Overtime Lawyers have represented numerous individuals to help them receive the unpaid overtime pay they are entitled to by law. Employers may refuse to pay you your overtime or claim that you are exempt from overtime pay. We can help you negotiate with the company and file a lawsuit against them if necessary. You may be entitled to all of your lost overtime pay, statutory penalties and interest. Please contact our experienced New Jersey Overtime Lawyers for more information.
Discrimination Lawyer in New Jersey: Employment Discrimination in New Jersey occurs when there is an adverse action taken against the employee based on a protected characteristic. The most common discrimination cases that our employment attorneys are involved in are based on age discrimination, gender discrimination, disability discrimination, race discrimination and pregnancy discrimination. Please contact our NJ Discrimination Lawyers to discuss your possible discrimination claim.
Retaliation Lawyer in NJ: Companies may retaliate against employees for engaging in a protected activity. These protected activities are commonly blowing the whistle on the company, assisting a co-worker in their lawsuit against the company, and when you file a lawsuit against the employer. The Company may retaliate by firing you, changing your work assignment/responsibilities, or changing the work environment. Please contact our New Jersey Retaliation Lawyers to discuss your claim of retaliation.
NJ Sexual Harassment Lawyer: Sexual harassment in NJ occurs when someone is forced to suffer through a hostile work environment based on sexually harassing comments by a supervisor or comments made by a co-worker that the employer knew about and failed to stop the sexual harassment. Sexual harassment also occurs when a supervisor demands sexual favors in return for a promotion, or a supervisor terminated or demotes the employee for rejecting the sexual advances. Please contact our New Jersey Sexual Harassment Lawyers to discuss your sexual harassment lawsuit in NJ.
This Month's NJ Employment Law Articles - For Older Articles Visit Our Blog
Two Things You Must Do In Signing a Severance Package
If you are fired, your employer might offer you a severance package. But they are not doing it just to be kind. They're willing to give you a few weeks or months' pay in exchange for a promise from you: a legally binding agreement not to sue. This is called a release. Before signing a release, the law allows you to do two simple but very important things. First, take a few days or a week to think about it and talk it over with your family. Do not sign it on the spot. Any employer who pressures you to do so is violating the law. Second, consult with an attorney about whether you have a possible lawsuit and, if so, whether you are getting sufficient severance pay to make it worth waiving your claim. Anything less renders the release unknowing, involuntary, and void.
Discrimination Claims for Employment Testing - June 16, 2010
Most employment testing discrimination claims fall under the “disparate impact” analysis. A test for employment that is not on its face discriminatory, but has a disproportionate impact on people of a certain protected characteristic, i.e. race, gender, religion or age, may be discriminatory. In order to demonstrate that the test is discriminatory, you will need to be able to show that it has a negative impact on employees or applicants of a protected group (race, gender, religion or age). For example, a job or test that has a height requirement could prevent certain minorities or women from being qualified for the job.
The employer will try to defend the test or practice by arguing that it is “job related for the position in question and consistent with business necessity.” An example of this is a requirement that an employee or applicant be able to lift a certain amount of weight. The practice may disproportionately impact women. The employer would argue that the lifting of a certain amount of weight is a requirement for the job and, therefore, it is a business necessity.
New Jersey Caregiver Discrimination - June 14, 2010
It is illegal in New Jersey for an employer to discriminate against an employee because they are a caregiver for their children, parents or spouse. Employers are prohibited from treating you differently because you provide childcare or take care of an elderly or unhealthy parent.
An employee can demonstrate disparate treatment as a result of being a caregiver by demonstrating that (1) the employer asked if they were married, had children or childcare responsibilities; (2) the employer made comments about pregnant women or working parents; (3) the employer began subjecting you to less favorable treatment after learning about childcare; (4) workers without caregiver responsibilities received more favorable treatment; or (5) you were assigned less favorable jobs or assignment.
These are only examples of evidence of disparate treatment. You should contact our NJ Discrimination Lawyers for additional information about your potential childcare or caretaker discrimination case.
Supreme Court Rules Contract Workers Have Same Rights As Employees - June 8, 2010
The Supreme Court of New Jersey ruled last week that an employer's refusal to renew a worker's contract is the same as terminating an employee without a contract (an at-will employee). The court stated that allowing an employer to discriminate based on age merely because a worker had a contract "would undermine the remedial purposes of the New Jersey Law Against Discrimination and create a loophole in the seamless coverage of the statute." Since the Law Against Discrimination protects older workers from termination and forced retirement, the Supreme Court found that the law must also protect older workers from losing their jobs based on refusal to renew a contract.
For Discrimination, It Takes More Than Talk - June 1, 2010
The law has been clear for a long time: an employer's well-stated anti-discrimination policy is not enough if it exists in name only. But now a federal jury in New York has rendered a verdict against Novartis that snagged every defense lawyer's attention. In a class-action claim for discrimination against women, the jury awarded $250 million in punitive damages. While the 12 named plaintiffs got $3.3 million in damages for lost pay and emotional distress, the upcoming award for the class of millions of women employed by Novartis could top $1 billion -- with a B.
The jury apparently believed that Novartis' written policy was not enough -- it failed to enforce its policy and openly tolerated discrimination by its managers. Novartis might have had a special program for grooming women managers and it may have fired a sexist manager in response to employee complaints, but the jury didn't see that as enough. The 12 women testified to a corporate culture that was insensitive to working women. For example. while the company had a generous maternity leave policy, many managers pressured women not to actually use their maternity leave. The closing statement of Novartis' lawyer may have highlighted the plaintiffs' argument that Novartis is insensitive to women. He called them "overly emotional, lying, hysterical women." He berated another women for crying on the witness stand. Finally, he referred to another witness as, no joke, the "little blond that came up here from Texas."
NJ Sexual Harassment Law
Our New Jersey Employment Lawyers have handled hundreds of Sexual Harassment cases in New Jersey. Sexual harassment occurs in the workplace in NJ and we meet with countless women (and men) who have suffered sexual harassment. Please contact us for a free confidential consultation to discuss your sexual harassment lawsuit.
Please use our search feature in the right of the webpage to answer any questions that you may have regarding NJ Employment Law. Our employment law blog and other articles have covered numerous questions that employees have regarding their rights pursuant to New Jersey Employment Law.
Our New Jersey Discrimination lawyers commonly handle race discrimination, gender discrimination, sex discrimination, age discrimination, and various other forms of discrimination protected by NJ employment laws.
Our NJ Harassment lawyers also handle harassment cases involving race harassment, gender harassment, sex harassment, age harassment, and other forms of harassment protected by New Jersey harassment law. We can also help individuals who are victims of Sexual Harassment, Hostile Work Environment, Wrongful Termination, Wrongful Discharge, FMLA violations (medical leave), Family Medical Leave Act violations, Family Leave Act, Unpaid Overtime, based on Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Family and Medical Leave Act (FMLA), the New Jersey Law Against Discrimination.
Our New Jersey Employment Law Lawyers also handle Wage and Hour, Unpaid Overtime and Overtime pay claims under the Fair Labor Standards Act and New Jersey Wage and Hour Laws. Our NJ severance lawyers also handle non-compete and severance negotiations, employment agreement review, review of severance agreements, review of severance packages and negotiation of severance pay, negotiation of severance packages and negotiation of severance agreements in NJ.
Our New Jersey Employment lawyers also handle whistle-blower claims under the Conscientious Employee Protection Act (CEPA).
While we practice in both the Federal Courts in New Jersey and New York (New Jersey and New York Trial and Appeals) and State Court in New Jersey and New York, and before various agencies including the EEOC, Division of Civil Rights, and can provide advice on these areas of the law, this website and blog is not intended to provide you with specific legal advice regarding your employment law rights. The FMLA and overtime pay laws are specific and not all employees are entitled to FMLA medical leave or overtime pay.
Our New Jersey Employment Law firm investigates cases of discrimination, sexual harassment, retaliation and wrongful termination. Both New Jersey and Federal law prohibit discrimination, sexual harassment, retaliation, and wrongful termination, but some discrimination, harassment and sexual harassment claims are not covered by Federal law. Our New Jersey Employment Lawyers practice throughout New Jersey, including the towns of Morristown, Newark, Jersey City, Paterson, Elizabeth, Edison, Woodbridge, Trenton, and Princeton, and the Counties of Bergen, Essex, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Passaic, Somerset, Sussex, Union, and Warren. You are not required to have an employment lawyer to have your case investigated, you should talk with an employment lawyer for a free consultation because you potential discrimination, harassment, wrongful termination claim may have a statute of limitations. Wrongful termination in retaliation for overtime pay or FMLA complaints can also be investigated by our Employment Lawyers. Each case is different and you should discuss your case with a New Jersey employment lawyer.
While our NJ Employment Law firm negotiates severance, non-compete agreements and other employment contracts, the information on our website and blog is insufficient to prime you to negotiate without an experienced New Jersey employment attorney. Unlike sexual harassment and wrongful termination claims, non-compete agreements can make you a defendant in New Jersey. If you are being sued for a violation of your non-compete agreement or you would like to try and challenge you non-compete agreement, or have questions about your non-compete agreement, you should discuss it in detail with a NJ employment lawyer. New Jersey and New York law regarding non-compete agreements is specific and you should use a New Jersey or New York Employment Lawyer.
If you have been offered a severance agreement, severance package or severance pay or you would like to try getting a severance agreement, severance package or severance pay, or having questions about your severance agreement, severance package or severance pay, you should discuss it in detail with a New Jersey employment lawyer.
This site is only intended to help you in identify whether you may have a claim for harassment, sexual harassment, discrimination, retaliation, wrongful termination, unpaid overtime, overtime pay or FMLA claim in New York or New Jersey. This site is not intended to provide you with legal advice. Please contact us for a free confidential consultation if you have any questions regarding you employment law rights.