Employment

Employees may or may not be cognizant that their employer is pressuring them to resign. They often will not recognize the full brunt of the employer’s intention until their employer places them on a “Performance Improvement Plan, commonly referred to as a “PIP”. If the employer presents the PIP in good faith, a PIP can be a formal document with the intention of helping employees improve their performance at work. It outlines an employee's performance issues and sets goals to be achieved. It is presented as a means to help employees who aren't meeting job goals or expectations to perform better.

In a class action lawsuit, one or more “named plaintiffs” represent the entire class, a large group including class members who are not individually named, but who suffered similar harms caused by the same Defendant. This differs from a single lawsuit filed by numerous employees who each are the named co-plaintiffs.

If your employer is discriminating against you because you are a member of a protected class such as race, age, sex, etc., you should contact this office immediately for a free consultation. I am an experienced and successful employment discrimination attorney who can advise you as to your options and the best course of action for you.

Workers sometimes experience a disconnect between their voting rights and the status of their employment. Workers who vote, are choosing who will draft and pass legislation that maintains, restricts or expands their rights as employees and other civil rights.

When workers cast their ballots for the persons they want to have represent their interests in state and federal governments, they are voting for the representatives of their choice who have the power to ultimately draft, promote and vote on passing Federal and State laws that expand their rights as workers and other civil rights. Voting is serious business and is an opportunity that should not be passed up for any reason. A decision to refrain from voting for the federal and state representatives of your choosing may be giving a “pass” to future or current state or federal legislation that will restrict your rights.

The practice of employers to outright refuse to pay workers for any hours they worked over 40 a week, or not paying time and a half rate for overtime hours, has reached staggering proportions. The majority of NJ worker have jobs entitling them to overtime wages. Employers may arrogantly outright refuse to pay at the overtime wage rate or sometimes refuse to pay for any of the hours worked over 40 a week. The more savvy of the unscrupulous employers, rather than outright refuse, devise devious schemes labeling job descriptions and assigning sham employee titles in such a way to be circumvent having to pay overtime. Both practices are illegal.

If you asked your employer for a reasonable accommodation that would allow you to keep working and your employer denied you the accommodation, it is possible your employer is violating the law. If your employer is discriminating against you because you are disabled, you should contact this office today for a free consultation.

What You Need to Submit to Your Employer

If you are disabled and would be able to do the essential functions of your job with a reasonable accommodation, you should put such request in writing, stating the nature of your disability and why you need this accommodation, and additionally accompany your letter with another letter from your doctor stating the nature of your disability, and requesting what accommodation is needed to allow you to keep working at your job.

This letter should be served on your supervisor and the head of HR, unless your employee handbook directs you to submit this request to a different person, in which case, follow the company rules. Maintain proof that you served these requests for an accommodation, example - as by printing out the email transmission.

Numerous administrative agencies of the U.S. Department of Labor could be affected by the ruling of US Supreme Court in Loper Bright Enters. v. Raimondo, 219 L.

Employees who experience discrimination because they are in a protected class, such as race, sex, age etc., often see other similarly situated employees in the same class also being discriminated against by their employer. This may lead them to wonder if they want to file a lawsuit with their co-workers who are similarly harmed by the discrimination, and if so, if it should be a class action lawsuit.

If you are experiencing despicable discrimination because you are a member of a protected class, such as race, age, sex, etc., you should contact this office immediately for a free consultation.

Persons have asked for an interpretation of why civil rights advocates think a recent US Supreme decision could negatively affect employee rights and other American civil liberties. This article will provide a delineation of the legal process involved and expand the previous article.

Don’t sit on your rights. If you think your employer is committing illegal acts against you, you should contact this office immediately for a free consultation. I have successfully represented workers whose employers were violating their rights and was successful in recovering financial compensation for their emotional pain and suffering and moneys for lost wages, both for past lost wages and projected future lost wages.

Unverified and subjective concerns that an employee’s disability raises a safety issue cannot be a basis for termination. The New Jersey Law Against Discrimination as well as Federal law prohibits public and private employers from discharging qualified workers based on actual or perceived disabilities which they assume poses a harm to the disabled employee or to other workers or clients.

If the Employee’s Disability Impairs Their Ability to Work

If an employee has a disability that impairs their ability to work safely if they do not have an accommodation to assist them, then the employee should ask the employer in writing to provide such an accommodation. The written request from the employee should be accompanied by a doctor’s note that states the disability, what is required for a reasonable accommodation, why it is needed, and requesting a specific accommodation to allow the employee to keep working.

The employee should keep a copy of the request and doctors note for oneself and serve it on the Head of HR or whomever the employee directs such communication to be made.

The BE HEARD in the Workplace Act builds on and strengthens existing civil rights laws by expanding protections for workers, while safeguarding existing anti-discrimination laws. It clarifies that the Civil Rights Act protects against discrimination based on sexual orientation and gender identity in the context of workplace discrimination.

Non-employee Workers, Independent Contractors and Interns Will Also Be Protected.

BE HEARD’s provisions will not just apply to employees. Its provisions will also apply to independent contractors and interns.