Labor and Employment

Man-Completing-Job-Application

Wrongful Termination

If you have been fired or “let go” for unfair or outright illegal reasons, including violations of the federal Family and Medical Leave Act and the New Jersey Family Leave Act, you have the right to seek counsel.  Being wrongfully terminated by your employer may take its toll on you not only from a financial perspective due to lost earnings, but from an emotional standpoint as well. When you are fired without good cause you may be left without a job and no form of compensation.

Finding a new job can take time and when you finally do find one, you may require further training. The process can be challenging and if there was not enough cause to fire you, there is no reason that you should have to go through the stress of finding new employment.

That is why our firm is committed to handling these cases. We can help you take the appropriate action to hold your employer accountable for their conduct, including seeking financial compensation for your lost wages and possibly for emotional damages as well.

We believe your rights as an employee should be protected to the fullest extent, and we accomplish this on a regular basis through our employment law practice. When you work with an attorney at our law offices, you can feel confident that we will put your best interests at the forefront of our concerns. The legal counsel provided by FIRM may mean the difference between facing financial security versus financial ruin.

Job Discrimination

Discrimination in the workplace is an unfortunate reality for many that may suffer from any number of undesired and unethical treatments. In the past many victims were left to suffer in silence; however, more attention is being brought to the matter, and with changes in the law the victims of discrimination can now have a voice.

Discrimination is treatment that is not wanted by the person it is directed towards and it can begin to affect the security of their job, their ability to be promoted and can even cause them to dread going into work on a daily basis. Discrimination can occur in many forms including the following:

Age
Both sides of the spectrum can face discrimination for their age. Young people may be viewed as unable to complete the tasks and not having the experience and older individuals may be looked at as outdated. An employee may have spent their life dedicated to a certain career but once they hit a certain age, the company may begin to disregard them or push them out.

Disability
This is discrimination taken out against those that have some form of a disability such as a physical or mental impairment. They may be believed to not be able to do the job in the manner that is needed and can face trouble being hired or promoted.

Glass Ceiling
The term “glass ceiling” is a term that is understood by many in the corporate world, though it may not always be addressed. It involves the unforeseen barrier that limits how far up in positions a person can climb. Those that are discriminated against may be only able to get so far due to unfair treatment.

Maternity Leave
When a woman becomes pregnant, under the law a temporary break known as maternity leave is allowed. Unfortunately, some employers can become disgruntled over a woman’s pregnancy and may treat them unfairly or even attempt to fire them. These instances should be reported since they are often a violation of the woman’s rights.

Medical Conditions
Employees will have medical conditions. It’s a part of life. Unfortunately, some employers can take unwarranted action not allowing an employee with a medical condition that is mental or physical to take the time off that they need or to even hire them in the first place. The employee may be able to carry out the needed functions of the position with our without assistance, but they may not even be given the chance to prove this.

Pregnancy
Many women are still able to work during the pregnancy process. Employers are not always understanding of this and may not accommodate a worker during this time. Under the Pregnancy Discrimination Act this is illegal and a case may be taken out against an employer.

Racial
The race of a person should in no way affect their ability to work, but not employers view ethnicity this way. They may have a personal preference and choose to either not hire a certain race or will treat them differently. Race is besides the fact when it comes to the ability to carry out a job and those of different origins should be viewed and treated as equals.

Sexual Discrimination
This is more commonly dealt with by women, but can affect men as well. Any behavior that is sexual in nature and is undesired by the person it is against does not need to be tolerated. It can involve touching, making remarks or suggestions or other behaviors that can make an individual feel uncomfortable. It may also affect their job position and in some cases, an employee may not be promoted unless they are accepting of the behavior.

Having your case reviewed is important since not every instance of unfair treatment or a firing maybe a result of discrimination. At our office we can review your situation to determine if you do in fact have reason to pursue a legal case that may provide you with some form of compensation for the unfair treatment you have suffered.

Employment Contracts

Our firm has extensive experience in analyzing employment contracts, particularly those containing clauses purporting to restrict an employee from engaging in a business that is in the same industry or that is otherwise competitive with the employer.

The manner in which such clauses are drafted, the circumstances under which the employment agreement is executed, the nature of the employer’s business, and the employee’s activities at the end of the employment are all factors in determining whether such restrictive clauses will be enforced by the courts.

The firm’s expertise in this area can be drawn upon to assist clients in increasing or if preferred decreasing the chances that such clauses will be enforced.  If litigation should ensue, we can advise the client as to the proper steps to take to increase the chances that a litigation outcome will be favorable.

With the widespread use of the Internet and social media tools such as Facebook and Twitter, the lines between what is considered to be private information in the workplace have been blurred.

Employee Privacy Violations

With the widespread use of the Internet and social media tools such as Facebook and Twitter, the lines between what is considered to be private information in the workplace have been blurred.


Articles

Seeking Legal Help for Pregnancy Discrimination

Years ago, pregnant women had few rights, but today, things have and are continuing to improve. Even so, pregnancy discrimination still exists. This type of illegal sex discrimination involves a pregnant employee or job candidate being treated differently based on her condition. Although there are times when a doctor will advise or prohibit a pregnant […]


Can My Employer Force Me to Retire or Is That Discrimination?

If you are close to 65 and concerned that your employer is trying to force you to retire, you have protection. Thanks to the Age Discrimination in Employment Act (ADEA), there is no mandatory age for retirement. Under this law, you have protection against discriminatory practices that include hiring, termination, promotions, benefits, training, job duties, […]