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Showing posts with the label employment law

When is getting fired illegal? Insight from a NJ wrongful termination attorney

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Losing your job is always traumatic, but being fired for no good reason is especially devastating. There’s no excuse for employers who let their workers go under these circumstance, which is where wrongful discharge/wrongful termination laws are important. With the help of an experienced  New Jersey wrongful termination attorney , you can fight back. Unfair termination doesn’t always mean wrongful termination  Common scenarios for unfair termination include long-term employees being fired because their salaries have increased to a level that the company no longer wants to pay, or because office politics have caused an employee to become a scapegoat for certain issues. Unfortunately, these types of circumstances often aren’t illegal because New Jersey is an “employment at will” state. This means that your employer can fire you at any time without reason unless you have an employment contract, a legal entitlement to your job (for example, being tenured), or a group empl...

Recognizing racial discrimination in the workplace

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In the State of New Jersey, racial discrimination in the workplace is prevented by employment laws – but that doesn’t mean it doesn’t happen. From unfair hiring and firing practices to harassment and unequal salaries or promotions, racial discrimination at work is real for many people who are simply trying to work hard and live the American dream. Unfortunately, this type of discrimination is difficult to prove and fighting it may provoke backlash from employers – which is why it is essential to have  an experienced NJ employment lawyer  on your side. How to prove discrimination on the job  Like many other forms of discrimination, racial discrimination is difficult to prove. In order to demonstrate that your employer consciously made a choice to overlook or single you out because of your race, you need particular evidence. This may include: Statistics that demonstrate a pattern of negative behavior against you and your racial group. Testimony from someon...

Recognizing and Fighting Against Sexual Discrimination in the Workplace

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The State of New Jersey has strict policies against discrimination, including  sexual discrimination in the workplace . This is covered by the  Law Against Discrimination  and can carry heavy penalties as well as loss of reputation for individuals and companies who commit these offenses. Here’s some helpful insight into this issue from Chris Deininger.  What workplace situations are covered by anti-discrimination laws?  Sexual discrimination can occur in almost every job-related aspect of the modern workplace, including: Recruitment Interviewing Hiring Promotions Compensation – salaries and bonuses Discharge – retrenchment packages, firings, etc. Terms and privileges of employment It is important to remember that sexual discrimination does not need to be overt in order to be found to be illegal. Certain policies can exist that, when implemented, cause particular groups to be excluded in ways that cannot be justified as fair. Who is covered...

Who should hire a NJ employment attorney?

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The workplace can be a tough environment, whether you’re working the retail floor, taking extra shifts at a restaurant or climbing the corporate ladder. However, some employers take advantage of their power to make this environment openly hostile – and this is when you need to get the help of a leading  New Jersey employment lawyer . Here are just some of the situations in which our legal services can help protect your rights: Unlawful termination:  Also known as wrongful termination, this is one of the most common issues dealt with by employment lawyers. Unfortunately,  New Jersey employment law  allows employers to fire employees for many reasons that are unfair but not illegal, like favoritism, office politics or being blamed for the mistakes of others. However, there are some instances in which your firing can be found to be illegal, like race, gender or age, and your attorney can evaluate your case to discover if you qualify. Gender, religious or race di...

A Guide to New Jersey’s Employment Laws

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Whether you’re working for a large corporation, a small family business or multiple jobs at different companies, it’s important to know what your rights are as an employee – and when they’re being violated. This means understanding New Jersey employment laws, including minimum wage laws, the right to unionize and laws against workplace discrimination. Here’s a brief guide to New Jersey employment laws from  a leading NJ employment lawyer . •  Civil Rights Laws:  These laws, as applied in the workplace, prohibit an employer from discriminating against an employee in any job-related action. So employers cannot discriminate on a basis of race, creed, color, national origin, nationality, age, sex, orientation, gender identity or disability when recruiting, hiring, interviewing, promoting, or distributing perks in the workplace. These laws also cover sexual harassment in the workplace and  wrongful termination . •  Right to Work Laws:  Under these laws, ...

Is Your NJ Employer Cheating You Out of Overtime?

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Every day in New Jersey, countless workers are left without compensation for their overtime work. Some fail to seek an  employment lawyer in New Jersey  because they are unaware of this loss. Many others know they are willfully being cheated but are unsure how to prove and resolve the situation. How do employers commonly skirt overtime laws? Failing to provide break time, but still deducting it from hours worked. Excluding common tasks like closing down or cleaning up work areas. Requiring employees to sign (illegal) agreements waiving their rights to overtime pay. Inventing fictional workers to account for hours works beyond the standard 40. And many other creative and innovative schemes. In what industries is this issue most common? An employment lawyer in New Jersey is most likely to see overtime violations in workplaces where hours can be easily extended based on customer count, such as the restaurant and hotel industries. In many instances, a large gro...