The relationship between an employer and an employee is a highly important one. Most of us need a way to earn a living and support ourselves and we rely on employers to provide compensation in exchange for our work. However, employers have been known to abuse this relationship in many ways, often resulting in violations of the rights of their employees. To protect employees, many different laws apply to the employment relationship, setting out requirements and prohibited behaviors for employers.
Simply because these laws exist does not mean that disputes still do not happen on a regular basis. Many employers violate the laws and rights of employees. In such situations, employees have different methods of obtaining financial recovery from their employers, though this process can be complex. If you believe your employer has acted wrongfully, you should not hesitate to call a NJ employment litigation lawyer at The Law Office of Salomon & Aquino, LLC for help today.
Types of Employment Litigation
Employment law disputes can involve many different issues, including the following:
Many different federal and New Jersey laws prohibit discrimination against employees based on protected factors including race, nationality, gender, age, physical or mental disability, religion, national origin, color, military status, sexual orientation, gender identity or expression, marital status, pregnancy, HIV or AIDS diagnosis, and genetic information or atypical hereditary cellular or blood trait. Employers may not make any adverse employment decisions based on any of these factors or because someone complained of discrimination. Unlawful discrimination can include refusal to hire, asking prohibited questions during hiring, refusal to promote or issue raises, demotion, reassignment to less desirable positions, termination, and more.
Harassment in the workplace
Harassment is another form of unlawful workplace discrimination. While sexual harassment is the most prevalent type, employers may not permit harassment of employees based on any of the above protected factors. Behavior rises to the level of harassment when it is so pervasive or offensive that it creates a hostile work environment for the victim.
New Jersey follows the legal doctrine of “at-will employment,” which means that unless you have an employment contract, either you or your employer has the right to end the relationship at any time, even without a good reason. However, the law does prohibit employers from terminating employees based on the above-mentioned protected factors or for reasons that go against public policy. It can be difficult to recognize when your termination was wrongful, so our attorneys will evaluate your case and advise you of your rights in your situation.
Employment contract disputes
If you do have an employment contract setting out the length of employment, salary and benefits, confidentiality, and other terms of employment, both you and your employer are expected to abide by that contract. If you believe that your employer has breached the contract or if your employer has accused you of violating your contract, you should seek legal assistance as soon as possible.
The Employment Litigation Process
Not every employment dispute must go to court. Instead, there are ways to avoid the time and cost of litigation and to resolve your employment dispute more efficiently. Some steps we can take include:
- Review all employment contracts before they are signed to avoid any future conflicts;
- Negotiate with your employer on your behalf to see if they will voluntarily rectify the situation;
- Engage in mediation or other alternative dispute resolution methods.
If none of those steps work to reach a favorable resolution, we are fully prepared to represent your rights throughout the litigation process. We will prepare and file your claim, engage in discovery, try to negotiate a fair settlement agreement, and represent you at trial if needed. We always strive to ensure you receive the results you deserve.
Discuss Your Concerns with an Experienced NJ Employment Litigation Lawyer Today
Employment conflicts can take a huge toll on your life, can deprive you of much-needed income, and can affect the operations of businesses throughout NJ. These conflicts can often be resolved outside of court, however, if you do need to pursue a legal claim, you want to ensure you have an attorney on your side who has extensive experience in employment litigation. Whether you need a New Jersey employment discrimination attorney, a New Jersey employment contract attorney, or assistance with any other type of employment-related legal dispute, you should not hesitate to call the experienced legal team at The Law Office of Salomon & Aquino, LLC. Contact us today at (973) 278-1124 to learn more about our services.