By Neil H. Deutsch | Published January 28, 2013 | Posted in Employment Law, Hostile Work Environment | Tagged Tags: employment law firm, hostile work environment, New Jersey employment law attorneys | Comments Off on The Challenge of Selecting a New Jersey Employment Law Attorney
The Challenge of Selecting a New Jersey Employment Law Attorney
An employee may be subject to a hostile work environment based on one’s religion, the demand that one submit to unwelcome sexual advances by a supervisor or other forms of employment discrimination, but many employees are not sure how to proceed. While the employee should seek redress by speaking to the party engaging in the Read More
Read MoreSex or Gender Discrimination Claims in New Jersey Based on Disparate Impact
Some forms of sex or gender based harassment are obvious, such as a male supervisor repeatedly making unwanted sexual advances toward an employee. Other forms of gender discrimination are far more insidious, however, because they are not as open and obvious. Disparate impact gender discrimination provides a notable example since these cases are based on Read More
Read MoreDifficulties in Exposing Race as a Motivating Factor in New Jersey Workplace Discrimination Cases
Although race-based discrimination in the workplace still exists, those who allow race to influence their employment decisions or actions are typically much more subtle. It is not unheard of for a supervisor to utter a racial slur, make disparaging comments toward employees of color or write bigoted racially motivated comments. Discrimination by supervisors is based Read More
Read MoreNew Legislation Requires Posting of Notice Regarding Rights to Equal Pay
Governor Christie recently signed new legislation into law requiring employers in New Jersey to post written notice of their employees’ right to gender equality in employment, including compensation, pay, benefits and other conditions and terms of employment. This new legislation is applicable to all companies with 50 employees or more and becomes effective on Nov. Read More
Read MoreProtecting Your Rights and Maximizing the Compensation in Your Severance Package
Because the economy continues to grow at a tepid rate, many employers are engaging in extensive layoffs. Amid this wave of terminations, most downsized executives will be offered severance packages. These severance packages come with agreements that require you to waive certain rights and legal claims against your employer. Many severance packages are offered because Read More
Read MoreWill a New Jersey Court Enforce the Non-Compete in Your Employment Contract?
The impact of non-compete agreements increases when jobs are scarce and business competition is intense. A non-compete clause in an employment contract or severance agreement can serve a legitimate function, such as providing a company breathing room to hire and train new employees. We often receive inquiries from employees about the enforceability of a non-compete Read More
Read MoreThe Challenges in Distinguishing Voluntary Termination from Forced Resignation
Many employers attempt to defend against wrongful termination claims or contest eligibility for unemployment compensation based on the employee’s so-called resignation. At Deutsch Atkins & Kleinfeldt, P.C., we handle hundreds of wrongful termination claims and so recognize that, frequently, an employee’s forced resignation is merely a ruse to cover up constructive termination by the employer. Read More
Read MorePending Legislation to Protect Employee Privacy by Safeguarding Facebook Information
The popularity of social media pages like Facebook, LinkedIn, Twitter and other sites has exploded and become a new battleground for employees trying to protect their privacy. Employers are increasingly pushing job applicants and current employees to disclose their social media passwords and using the information to make decisions regarding employment benefits and hiring. New Read More
Read MoreScope of Those Entitled to Bring a New Jersey Discrimination Claim Expanded
The New Jersey Appellate Division in Cowher v. Carson & Roberts recently decided a case that dramatically expands the pool of plaintiffs that may bring a workplace discrimination action under New Jersey’s Law Against Discrimination (LAD). The court held that a man who was not Jewish could pursue a religious discrimination claim under LAD based Read More
Read MoreOverview of New Jersey Age-Based Employment Discrimination Claims
The litigation of an age discrimination claim under New Jersey’s Law Against Discrimination (LAD) involves a complex burden shifting process. This three-part burden shifting framework was created by the U.S. Supreme Court in McDonnell Douglas Corp v. Green and applied in New Jersey cases like Zive v. Stanley Roberts, Inc. Because understanding how to prove Read More
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