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 filing of a charge with the EEOC within 180 days of the alleged discriminatory conduct — 300 days if a state or local law prohibits discrimination on the same basis as in New Jersey.
Once you have filed a charge, the EEOC:
- Investigates your claim to determine if there is probable cause to believe that you have been the victim of discrimination
- May attempt to settle your case through mediation or opt to file a lawsuit against your employer
- Could elect to dismiss your charge and issue a Notice of Right to Sue allowing you to bring your case independently in federal court
EEOC investigations can take a long time. Therefore, you may be able to get more satisfactory results by bringing your case in court as a civil lawsuit. If more than 180 days have passed since you filed your charge, you can obtain a Notice of Right to Sue even if the investigation is not yet complete. You can also request one sooner, although there is no guarantee EEOC will grant your request.
Once you receive your Notice of Right to Sue, your New Jersey employment discrimination attorney has 90 days to file your civil suit in federal court. If bringing an age discrimination claim under ADEA, you do not need a Notice of Right to Sue.
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 regarded as one of New Jersey’s premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005. This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins brings…
Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigations 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 some of his clients, including a $525,000 jury verdict in…
Diane Englander Peyser joined Deutsch Atkins & Kleinfeldt, P.C. in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins & Kleinfeldt, P.C., Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination, disability…
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…
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5.0/5.0I don’t usually write many reviews, but in early 2021 I was asked if I wanted to write an update to my initial review talking about my experience as a client, so I said “yeah I want to talk, but for just a minute.” After a long and voluminous l...
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5.0/5.0
Diane Englander Peyser and Bruce Atkins provided extensive subject matter knowledge and guided us through very complicated legal system; resulting in positive outcome that we could not have achieved on our own. Great office atmosphere with friendly a...
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5.0/5.0
I am extremely satisfied with my experience with Duetsch Atkins & Kleinfeldt law firm. Diane Peyser was always attentive with any questions or concerns I had during my case. I always felt like I was her number one priority when I needed her during t...
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5.0/5.0
I am grateful to Bruce and his firm for his professionalism and guidance. His experience and calm demeanor really helped me through a tough case. He settled it very quickly which allowed me to put it behind me and move on. I highly recommend Bruce.
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5.0/5.0
Having been a litigation attorney myself, I've seen it all from the "inside". I know that far too many lawyers care only about profit and have very little interest in the actual law or their clients. So I was very careful in selecting an attorney t...
