Employment Law

New Jersey Employment Lawyer

The field of employment law will continue to grow and evolve in the coming years. At Aiello, Harris, Devero, Marth & Schiffman, our employment law work has become one of the busiest areas of our firm.  In our employment law practice, we help employees and employers deal with the many challenges this area of law presents.

REPRESENTATION OF EMPLOYEES

Despite progress in civil rights, employment discrimination and sexual harassment still occur too frequently in today’s society.  Our seasoned employment law attorneys are members of the National Employment Lawyers Association and have successfully represented numerous clients who have been discriminated against and/or harassed.

Our attorneys help clients with all kinds of employment discrimination and harassment matters, including those involving issues of discrimination based on:

• Race/Color 
• Age
• Sex 
• National origin 
• Religious affiliation 
• Marital status 
• Disability 
• Pregnancy 
• Sexual orientation
• Height and/or weight

Our employment lawyers have successfully sued the largest Fortune 500 companies, as well as state, city and county governments, throughout New Jersey. We have also taken on smaller organizations that have allowed the laws to be broken.

If you have been discriminated or harassed you are entitled to damages under certain circumstances. You should contact Aiello Harris Devero Marth & Schiffman for a free case evaluation. Click to access our employee e-newsletter.

Our employment lawyers have also successfully defended small and mid-sized employers against claims of discrimination, harassment, retaliation and wrongful termination. Our employment attorneys also have provided sexual harassment training and prepared comprehensive employee handbooks for employers.

Discrimination Law

Discrimination and harassment are different legal concepts. Discrimination is the denial of employment, termination and / or alteration of the terms and conditions of employment (like wages, hours, bonuses, job assignments) based on a protected classification such as race, age, sex, national origin, religious affiliation, marital status, disability, pregnancy, sexual orientation. The New Jersey Law Against Discrimination, N.J.S.A. 10:5-1, et. seq. is one of the most aggressive antidiscrimination statutes in the country. The New jersey legislature enacted this statute for the specific purpose of “eradicating the cancer of discrimination in the workplace.”

Discrimination can be direct or indirect meaning it can be targeted at a single individual or a group of individuals. It is often shown by conduct and statements but can sometimes be demonstrated by statistics when a policy affects one class of people differently than others. Only employers / companies can be sued for discrimination, even if a supervisor or manager was the one that carried out the discrimination.

Harassment Law

Harassment can take many forms. Harassment is unwanted conduct of an unlawful nature. The law allows someone who is harassed to sue the harasser as well as the company/employer. When a supervisor, manager or employer demands sex in return for a raise, continued employment, or promotion this is called quid pro quo sexual harassment.

Other forms of harassment include unwanted touching, jokes, exposure to images, statements, and/or other behavior directed at an employee because of their sex, race, disability, age, gender orientation, or some other protected status. If the conduct arises to a level where it is considered severe and pervasive (meaning it is either so severe or so common) that it affects the ability of someone to do their job, this is called a hostile environment. Cases of this type often involve joking, pin-up photographs of naked men or women, Internet pornography, racial slurs, etc.

Wrongful Termination Attorneys
In New Jersey, if you are terminated for an unlawful reason, you may be entitled to recover damages. Our employment lawyers Law Firm have recovered millions of dollars for its clients that have been unlawfully terminated or retaliated against. We fight hard for those who have been fired because of:

• Race, sex, national origin, disability, sexual orientation, religion, or some other protected classification
• Opposition to activity or conduct that is unlawful or against public policy, commonly known as whistleblowing 
• Demanding overtime, rest breaks, or lunch breaks 
• Requesting an accommodation 
• Taking pregnancy leave 
• Taking family and/or medical leave 
• Refusal to enter an unsafe workplace
• Political affiliation 
• Marital or family status 
• Refusing to sign an unlawful non-compete clause 
• Serving jury duty

New Jersey Wrongful Termination Law

In New Jersey, most employment relationships are at will. At will employment means that he employer and / or the employee may terminate the employment relationship for any reason, with or without cause. The exception is when there is some unlawful motivation or retaliatory reason for the termination. If there is an employment contract that has a specified term (number of years, etc) or certain conditions that are to be met, and that contract is breached, i.e. it the person is fired before the specified term, or the conditions are not met, this too may give rise to a claim of wrongful termination.

Another form of wrongful termination is called a constructive wrongful termination. This is when the employee is not fired but quits because the conditions are so horrible and / or they have been effectively forced out or left no option. The law states that if conditions or treatment are so severe that a reasonable person could not consider continuing to work in the environment any further, then a person may quit and seek damages for their lost wages.

However, case law recognizes that employees can’t merely quit and sue after a simple incident of harassment or because some condition is less than perfect. Employees are expected to use any available reporting mechanism to attempt to resolve their employment issues before quitting. Failure to try and remedy the situation before quitting may prevent an employee from going forward with their lawsuit. If an employee has complained and/or requested relief, and nothing changes, or it gets worse, an employee may quit and seek compensation for their lost wages. All complaints and efforts to get relief from the conduct should be well documented.

The New Jersey Law Against Discrimination, N.J.S.A. 10:5-1, et. seq. (LAD) is one of the most aggressive anti-discrimination laws in the United Sates. It is designed to “eradicate the cancer of discrimination” in employment in New Jersey. In addition to allowing recovery for past and future lost wages, the LAD also provides recovery for mental and emotional distress, punitive damages and provides recovery of attorneys’ fees from the employer. Contact our employment law attorneys for more information.

Aiello Harris provides legal advice and representation in matters concerning:

• Age discrimination
• Gender discrimination
• Racial discrimination
• Sexual harassment and the creation of hostile work place environments
• Wrongful termination
• Non-compete agreements
• Severance package negotiation and review
• Preparation and review of employment policies and employment manuals
• Sexual harassment training
• And others

Consultation, Negotiation, and Litigation

Our attorneys use many legal tools to help our clients in the area of employment and to protect their interests. For small and medium sized businesses, we offer counsel aimed at preventing the emergence of legal problems through: consultation, the establishment of employment policies, the writing of employee manuals, sexual harassment training programs, and review of employment agreements.

When a problem does arise, we frequently use negotiation to resolve the matter. We are licensed mediators and often find that negotiation and mediation processes can solve problems in a cost-effective manner.

When a conflict does come to a head, we are assertive and aggressive litigators. We use our extensive trial experience and knowledge of the law to defend and protect our clients’ interests.

Significant employment lawsuit settlements that Aiello Harris has won include:

• $285,000 Sexual Harassment Claim 
• $295,000 Whistleblower Claim 
• $240,000 Age Discrimination Claim
• $123,000 Racial Discrimination Claim 
• $121,000 Gender Discrimination Claim
• $100,000 Handicap Discrimination Claim
• And many more
  
  

Alternative Dispute Resolution.

The firm provides alternative dispute resolution for the resolution of employment matters either in litigation or in anticipation of litigation.

REPRESENTATION OF EMPLOYERS
Compliance with Anti-Discrimination Laws.

There are a myriad of state and federal anti-discrimination laws that employers must comply with, including, among others, the New Jersey Law Against Discrimination, the New Jersey Conscientious Employee Protection Act, Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Rehabilitation Act of 1973, the Immigration Reform and Control Act of 1986 and State and Federal Family and Medical Leave Acts.

Compliance with Wage and Hour Laws.

In New Jersey, wage and hour laws are complex, ever changing and the new venue for employment litigation. The firm provides guidance regarding these laws and provides representation before the Department of Labor.

Drafting of Employee Manuals, Personnel Policies and Procedures, Employment Contracts, Independent Contractor Agreements.

Employee manuals and personnel policies and procedures are essential tools for employers. They must be carefully drafted to comply with state and federal laws and can provide important guidelines to be followed in many employment situations. In particular, provisions for state and federal family and medical leave and pregnancy disability leave and transfer policies must be carefully drafted. Similarly, employment contracts and independent contractor agreements are necessary to protect both the employer and the employee during and upon the termination of the employment relationship. Contracts can be drafted to protect the employer's trade secrets and proprietary information in the event of termination.

Issues of Discipline and Termination, Reductions in Force and Drafting of Severance/Settlement Agreements.

The firm advises and counsels employers regarding issues of discipline and termination, including obligations when there is a reduction in force. The firm conducts settlement negotiations on behalf of employers and drafts severance and settlement agreements to protect employers from litigation in the event of termination.

Sexual Harassment and Misconduct Investigations and Training.
Sexual Harassment claims are on the rise, and the damages flowing from these claims have been unprecedented. Employers have an affirmative obligation to prevent sexual harassment in the workplace and in work related settings. Once on notice of sexual harassment, employers have an obligation to promptly and thoroughly investigate, take remedial action if warranted, protect the alleged victim and prevent future harassment from occurring. The firm provides advice and counseling on avoidance of sexual harassment claims, including conducting training sessions for employees and managers. In addition, the firm advises employers regarding obligations to investigate claims and will investigate sexual harassment and misconduct claims on behalf of employers.

Alternative Dispute Resolution.
The firm provides alternative dispute resolution, including arbitration and mediation services for the resolution of employment matters either in litigation or in anticipation of litigation.

Representation in Litigation.
The firm represents employers in litigation of employment claims in state and federal court. Representation includes claims of wrongful termination, violation of public policy, breach of contract, discrimination based on gender, race, disability, national origin, age, sexual orientation, medical/family leave matters, and related discrimination claims, sexual harassment, retaliation, privacy and unfair competition claims, breach of the covenant of good faith and fair dealing, defamation and wage and hour claims.

For a free initial consultation with a New Jersey employment lawyer at Aiello, Harris, Devero, Marth & Schiffman, call 908-561-5577, or contact us online.

The Right Law Firm Means More Money

Serving clients across North and Central Jersey including the cities of Watchung, Bridgewater, and Somerville in Somerset County, Newark and West Orange in Essex County, Elizabeth, Scotch Plains, Springfield, Plainfield, and Cranford in Union County, Clinton and Flemington in Hunterdon County, New Brunswick and Edison in Middlesex County, Hackensack in Bergen County, Patterson in Passaic County, Morristown and Florham park in Morris County, Hoboken and Jersey City in Hudson County, Phillipsburg in Warren County, and Freehold, Colts Neck and Marlboro in Monmouth County.