By Neil H. Deutsch | Published September 23, 2013 | Posted in Employment Law | Tagged Tags: definition of employee, EEOC, employment discrimination law, workplace discrimination | Comments Off on What Is an “Employee” in Employee Discrimination Cases?
What Is an “Employee” in Employee Discrimination Cases?
Whether a person is an “employee” is a frequent threshold issue in both state and federal employment discrimination and harassment cases. As the use of independent contractors becomes more prevalent in our economy, this question has become more common — and more difficult to answer. While the law is clear that employment discrimination laws do Read More
Read MoreNew Jersey’s Conscientious Employee Protection Act
It is an unfortunate truth that objectionable practices are rampant in the workplace. Many employees, while bothered by it, are afraid to take action because they know it could mean their jobs. Fortunately, the state of New Jersey has taken special steps to protect the brave employees who stand up to unacceptable practices in the Read More
Read MorePotential Relief in Employment Discrimination Cases
Being the victim of workplace discrimination can be a jarring experience. Not only can it result in thousands of dollars in lost wages, but also the stress and humiliation associated with it can negatively impact your quality of life. The psychological stresses of working in a hostile work environment can rise to the level of Read More
Read MoreNew Jersey Supreme Court Allows LAD Suit with No Victim
The goal of state and federal anti-discrimination and harassment laws has always been to discourage these practices by making harassers and their employers liable to the victims for the harm they cause. A recent N.J. Supreme Court decision, however, has allowed a claim under the state’s Law Against Discrimination (LAD) in which there was no Read More
Read MoreHolding Your Employer Accountable for Discrimination by Co-workers
Employers are clearly liable for instances of employment discrimination and harassment they themselves perpetrate. Likewise, they are usually liable for instances of discrimination and harassment by managers and supervisors they employ. What you may not realize, however, is that under some circumstances your employer can be liable for harassment perpetrated upon you by your co-workers. Read More
Read MoreDiscrimination Lawsuits and the EEOC Administrative Process
If you wish to file an employment complaint under the federal Americans with Disabilities Act, Age Discrimination in Employment Act, Genetic Information Nondiscrimination Act or Civil Rights Act, you must first contend with the administrative process of the Equal Employment Opportunity Commission (EEOC). Federal law requires that all complaints under these statutes originate through the Read More
Read MoreWhy Taking a Salaried Position May Not Be a Step Up
Many people view transfer from an hourly position to a salaried position as a major step forward in their careers, and for many it is. Others, however, are unpleasantly surprised to see their pay dramatically reduced despite the fact they are working the same if not more hours than previously. The answer lies in the Read More
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Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…
Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…
Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigation such as discrimination, retaliation and whistle blowing matters. He has extensive experience in all phases of the litigation process. Adam has obtained significant results for his clients, including a $525,000 jury verdict in a sexual…
Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…
Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…
