New Jersey Employment Law
The New Jersey attorneys in our employment lawyer network have years of experience representing clients in all matters of employment law. From sexual harassment to discrimination cases to claims of firing without cause to whistleblower protection, all of our New Jersey attorneys have handled large and small cases in and out of the court room, seeking justice for our clients.
Whether you have questions about employment contracts that require mediation and negotiation services, or you have a claim to bring against your employer, we can help. All of our recommended New Jersey employment lawyers offer a free initial consultation of your case and will answer any questions you may have about your rights under New Jersey state law.
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National Employment Lawyer Network
Our national network of employment lawyers is a collaboration of attorneys and law firms from across the country who specialize in employment law. By combining our resources across state lines, we are able to help our clients find the right lawyer for the right case. In employment law claims, state rules apply based on where a company is headquartered, not necessarily where a worker physically lives and works. Therefore, you may need an attorney who is experienced in a different state or region from where you live.
It is our goal to use this National Employment Lawyer Network to find the right attorney for the right geographical area, as well as the right kind of employment law expertise. We have worked with lawyers from all over and have used our own experience to select the best in each area for our clients’ benefit.
Types of Employment Law Cases We Handle
While many federal laws exist to protect workers, each state may also adopt certain laws, regulations and protections for workers based on specific needs in their state. In New Jersey, there are stricter regulations for behavior in the workplace in terms of discrimination and harassment. Under these umbrellas, our lawyers handle cases regarding discrimination, harassment, sexual harassment, workers compensation, family leave protection, retaliation, severance agreements, employment contracts and more.
Employment Discrimination
The New Jersey Law Against Discrimination (NJLAD) was enacted in 1945 to prevent workplace discrimination against employees in the state of New Jersey. The original set of laws prevented discrimination based on race, creed, color, and national origin. Today, the NJLAD has evolved and been amended to broaden its scope, protecting workers against discrimination based on sex, age, sexual orientation or identity, disability, military service, marital status, genetic information and domestic partnership status.
In order to bring suit against an employer, we will work with you first to determine two things. First, are you a member of one of the New Jersey protected classes?
The NJLAD protects members of the following classes against discrimination:
- Race
- Creed (Religion)
- Color
- National Origin
- Age
- Ancestry
- Nationality
- Marital Status, Domestic Partnership or Civil Union Status
- Sex
- Gender Identity or Expression
- Disability
- Military Service or Affiliation
- Affectional or Sexual Orientation
- Atypical Cellular or Blood Trait
- Genetic Information
If you are a member of one of the above-mentioned protected classes, then we must determine if you experienced an adverse employment action based on your membership in that class.
An adverse employment action could range from job loss to demotion to unfair wages to refusal to interview and more. These adverse employment actions could be in the form of punishments or missed opportunities.
Punishments in the workplace could include being assigned less desirable shifts, being given harsher duties on the job, being demoted or having salary reduced, or job loss as a whole. To prove discrimination, we must be able to link your experience to your membership in a legally protected class. In terms of opportunities, we will interview you and others in the workplace to gather evidence that you were either passed over for promotions, not considered for job openings, kept from certain benefits, or refused raises based on your identity in one of the protected classes.
Sexual Harassment
Sexual harassment in the workplace is illegal and is covered under the NJLAD based on sex or gender. It is important to note that a sexual harassment claim can be made by a man or woman, against a man or woman, and the harasser can be the same or opposite gender as the victim.
There are two types of sexual harassment in the workplace as defined by New Jersey state law. Hostile Work Environment sexual harassment and Quid Pro Quo sexual harassment are both illegal, but are defined differently.
Quid Pro Quo sexual harassment occurs when someone in the workplace either offers job perks or promotions in exchange for sexual favors or threatens an employee with negative job actions if the employee does not perform certain sexual acts. This type of threat or offer could be explicit or implied, as long as the employee truly believes that his or her job will be affected by their compliance with the sexual demands.
Hostile Work Environment sexual harassment differs in that an employee is not offered perks or threatened with punishment, but instead experiences repetitive or severe harassment, which keeps them from performing at their job. Hostile Work Environment sexual harassment can be subtle to detect, so the ability to prove patterns of behavior and gather corroborating testimony from other employees can help.
There are a number of ways sexual harassment can appear in the workplace. In some cases, the harassment is verbal, consisting of repeated commentary about physical appearance, sweeping derogatory comments about one’s gender, badgering for dates, or even lewd or suggestive jokes that are pervasive and persistent. In other cases, sexual harassment can be physical, involving unnecessary touching, brushing of bodies, insistence on hugs or other touching in the workplace that make an employee feel intimidated or degraded. Even visual images can constitute sexual harassment. Offensive, explicit or pornographic images that are displayed in a person’s cubicle, on a desktop as wallpaper, or elsewhere in the office can cause enough discomfort that employees may reasonably feel endangered or degraded by having to view those images on a daily basis.
New Jersey Employment Lawyers Can Help
Whether you have been a victim of workplace discrimination, quid pro quo sexual harassment, or have experienced hostile work environment sexual harassment, our network of New Jersey employment attorneys can help. We also represent clients regarding workers compensation, family leave or other employment claims. All of our lawyers are skilled in New Jersey employment law and have experience mediating settlements and bringing cases to trial, as needed.
Contact our National Employment Lawyers Network today for a free consultation of your case. You deserve the right to work in without fear of discrimination or harassment. Protect your livelihood and your career by standing up for your rights.