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Practice Areas

Workplace Rights Attorneys Serving Employees in New Jersey and New York

The New Jersey employment discrimination lawyers at the Resnick Law Group are ready to assert the rights of workers who have been mistreated on the job. In addition to discrimination claims, we also handle cases arising from wrongful termination, sexual harassment, retaliation, employment contracts, wage and hour violations, FMLA disputes, and other matters. We are aggressive trial attorneys with 25 years of experience standing up for employees. Our firm represents clients in Northern New Jersey, New York City, and the surrounding areas.

Employment Discrimination

Federal, state, and local laws prohibit employment discrimination on the basis of race, gender, age, pregnancy, disability, religion, and sexual orientation. The Equal Employment Opportunity Commission (EEOC) enforces several federal antidiscrimination laws, such as Title VII. To bring a claim under these laws, you will need to file a charge with the EEOC first and obtain a Notice of Right to Sue.

The New Jersey Law Against Discrimination also prevents employers from treating employees differently based on race, color, national origin, creed, nationality, ancestry, age, sex, marital or familial status, domestic partnership or civil union status, sexual orientation, gender identity, atypical hereditary cellular or blood traits, military service, disability, genetic information, and HIV status.

In many cases, an employment practice seems neutral on its face but may have an adverse impact on a protected group. A practice with a disparate impact may be unlawfully discriminatory unless it meets a legitimate business need that cannot be served by using a non-discriminatory method.

Explore the following areas in which we represent employees who have suffered from unlawful discrimination in the workplace:

Wrongful Discharge / Wrongful Termination

Employment is at will in New Jersey and New York. This means that unless your employment contract provides otherwise, you generally may be terminated for any reason at all. However, there are certain important exceptions to this rule. You may not be fired for a reason that goes against public policy. For example, you may not be fired for a discriminatory reason, such as your race or gender. You also may not be fired in retaliation for engaging in certain protected activities, such as complaining about harassment based on a protected characteristic or filing a wage and hour claim.

Harassment and Hostile Work Environment Sexual Harassment

Sexual harassment is one type of gender discrimination. Unfortunately, it is all too common in many workplaces, affecting both men and women. Quid pro quo and hostile work environment are the two main categories of sexual harassment. The former occurs when a person in a position of authority in your workplace says or implies that your employment depends on your submission to sexual advances or demands. The latter occurs if you are subjected to sexually charged behavior that is so severe or pervasive that a reasonable person would feel that it was intimidating, hostile, or offensive.

Retaliation and Whistleblower Claims

Most federal and state anti-discrimination laws also prohibit retaliation against people who file a complaint of discrimination with HR or a charge with the EEOC, or bring a lawsuit alleging discrimination based on a protected characteristic. Retaliation includes any conduct that is intended to punish an employee for exercising a protected right, including termination, demotion, discipline, or harassment. It is unlawful under the New Jersey Conscientious Employee Protection Act for an employer to retaliate against a whistleblower, or an employee who reasonably believes that an employer's conduct was illegal and reports it to the authorities.

Employment Contracts

Although employment is at will, in some cases, employment contracts (as set forth in a contract, an employee handbook, or another written or verbal policy) provide very specific terms that both the employer and the employee are bound to follow. If your employer breaches the terms of the contract, you may have grounds to file a breach of contract action. Our attorneys can also help you review a non-compete or severance agreement to determine whether to sign it. Depending on the situation, we may be able to negotiate for a better deal.

Workplace Torts / Personal Injuries Family & Medical Leaves

We handle Family and Medical Leave Act (FMLA) claims under federal law, as well as claims under the New Jersey Family Leave Act (NJFLA). Both laws provide eligible employees with 12 weeks of unpaid, job-protected leave for reasons related to medical care or family need. You are considered eligible under the FMLA if you work for a covered employer that has at least 50 employees, and you have worked for a minimum of 1,250 hours over the last 12 months. You are considered eligible under the NJFLA if you have worked for a covered employer for at least 1,000 hours and a minimum of one year. If you are eligible for these types of leave, it is illegal for your employer to interfere with your rights or discriminate or retaliate against you for exercising your rights. We can bring a civil lawsuit on your behalf if you were a victim of interference, discrimination, or retaliation.

Overtime, Wage & Hour

Our firm handles claims under federal and state wage and hour laws, including the Fair Labor Standards Act (FLSA). These laws require employers to pay at least minimum wage and pay overtime to nonexempt employees. Whether you are considered an exempt or nonexempt employee depends on your job duties and your employer's business. In some cases, it may be appropriate to file a wage and hour class action lawsuit against your employer, and we can represent you in this type of claim.

Reasonable Accommodations Shareholder / Partnerships Disputes Civil Rights Claims Severance Agreements & Negotiations Employment Fraud and Misrepresentation Employee Misclassification Military Status Discrimination Mass Layoffs False Claims Consult an Experienced Employment Discrimination Lawyer in New Jersey or New York

At the Resnick Law Group, we understand how important your job is to you. Our New Jersey employment discrimination attorneys provide vigorous and knowledgeable representation to each of our clients. In addition to the practice areas described above, we also handle civil rights claims, shareholder or partnership disputes, and False Claims Act cases involving whistleblowers. We represent employees throughout Northern New Jersey and Greater New York City, including in Newark, Hackensack, Jersey City, Middletown, the Bronx, White Plains, Yonkers, and other communities in Essex, Bergen, Hudson, Monmouth, Rockland, and Westchester Counties. Contact us online or call us at (973) 781-1204 (New Jersey) or (646) 867-7997 (New York) to set up an appointment with a wrongful termination attorney or seek assistance with another type of employment claim.

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Dedicated employment attorneys