Discrimination

In today’s NJ workplace, illegal pregnancy discrimination is all too common against female executives, middle, and lowered tiered employees across all industries. Unlike other types of discrimination such as race and ethnicity, it is rarely directly or overtly hostile but is frequently annoyingly insensitive at best and results in the worker being severed from her job at worst. The majority of employers are aware that pregnancy discrimination is illegal and take measures to mask their discriminatory actions fearing legal action by the employee.

If you are an employee at any level whose employer is not providing reasonable accommodations for your pregnancy or related medical condition, and the terms and conditions of your employment have changed, or your contract was not renewed, you should contact this office today for a free consultation. I am experienced and successful in recovering moneys as a result of pregnancy discrimination for lost wages, both past lost wages and projected future lost wages, and for recovering financial compensation for their emotional pain and suffering.

Many Black employees are still experiencing race discrimination, racial harassment and retaliation in today’s New Jersey workplace. It can be a failure to promote, or receiving less money for doing the same job that employees of other races receive for essentially the same work, outright wage theft, being subjected to racial harassment, and personally being called, or having your race be referred to, by extreme racist slurs and racist epithets, including use of the n-word.

Many erroneously assume the times of using racist slurs in the NJ workplace are past. They are wrong. Severe racist name calling is still far too common in some NJ workplaces.

Many long-term employees who have renewable annual contracts may go along seamlessly until they become an older member in the workplace. Then unexpectedly, the employer alleges some bogus reason to not renew the contract, when the real reason is age discrimination. Courts analyze the non-renewal of a contract similarly to a termination. If the Court were to determine that such a termination constitutes illegal discrimination, then so would the non-renewal of a contract.

If your employer is not renewing your contract, and you think your age may be the real reason, you should contact this office today for a free consultation.

The most experienced and qualified IT specialists should not have to fear being fired due to their age.  IT workers are all too frequently forced out of jobs and replaced by younger, though not more qualified, workers. The younger IT replacement workers frequently have a starting salary that exceeds that of the older long-term workers whom they replaced.

If you are an IT worker who is being forced out of your job, you should contact this office today for a free consultation.

I have represented IT workers and older employees who were pushed out of jobs because of their age 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.

If you are a pregnant worker requiring an accommodation for your pregnancy, you will have further protection from discrimination under a new law to go into effect later this month. Covered employers cannot make you take leave of absence if a reasonable accommodation for your pregnancy is available. President Biden signed the Pregnant Workers Fairness Act (PWFA) on December 29, 2022, as part of an appropriations bill. Pregnant workers now gain further rights for pregnancy accommodations under a new federal law which goes into effect on June 27, 2023. You may read the text of bill here.

The New Jersey Sales Representatives’ Rights Act (NJSRRA)

If you think you are being cheated out of your sales commissions, you should contact this office today for a free consultation. A little-known statute, the NJ Sales Representatives Rights Act (NJSRRA) gives independently commissioned sales representatives important legal protections. These protections extend to after the end date of the contract. Violations of Section 2 of the Act entitle the sales representative to enhanced compensation in the amount of treble damages plus all reimbursement of all attorney fees and costs incurred in recovering the debt owed.

Sales representatives compensated by earned commissions paid by the principal with whom they have a contract, have impasses that only those standing in their shoes could begin to comprehend.

At least four cases spanning from 1998 to 2022 recognized that New Jersey’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”), can apply to NJ employees who work and live in other states.

Best Rationale to Apply CEPA Protection

Perhaps the best rationale to apply CEPA protection to out-of-state workers was offered by the court in Mehlman v. Mobil Oil Corp. In Mehlman v. Mobil Oil Corp.

It is important for employees to retain a copy of their employee handbook or employment manual both while they are employed and after they are severed from employment. You may or may not be entitled to certain rights and benefits depending on the language in the manual and other conditions. Your employer is not required to give you a copy of the manual once you are no longer an employee. Providing hard copies of employee handbooks was the initial way employers typically distributed them. Today, it is common for employers to publish them online and notify the employees as to their existence and the link.

Accidents can and do happen in any work environment. If you work in New Jersey and accidently damage workplace equipment, e.g., a printer, computer, camera, office furniture, mechanical and carpentry tools, ladder, furniture, etc., your employer can not make you pay for it and withhold your wages for the damaged equipment.