Green Savits, LLC serves clients throughout Northern and Central New Jersey. Our well-respected team of attorneys provides comprehensive employment law representation to those facing a wide variety of issues, including the following:
The workplace discrimination attorneys at Green Savits, LLC have extensive experience in federal and state trial and appellate courts representing victims of workplace discrimination.
Sexual Harassment in the Workplace
Sexual harassment is a specific type of illegal workplace harassment that negatively affects an employee’s work environment. Sexual harassment may take place where a supervisor demands sexual favors in exchange for a job benefit such as the following:
- Job assignment
Employees have whistleblower claims when their employer fires, demotes or otherwise punishes them for disclosing, objecting to or refusing to participate in illegal conduct by the employer or by co-employees. While these claims can be brought in New Jersey state court for damages incurred as a result of the retaliatory termination, there are also various laws and regulations that allow a whistleblower to recover a reward from either the State of New Jersey or the federal government where individuals, entities or companies attempt to defraud the government or engage in securities fraud or tax fraud.
Family and Medical Leave
When employees return from FMLA leave, they are guaranteed to return to the same position they previously held or to an equivalent position. Employees should receive the same pay, benefits and other terms and conditions of employment as when they left. However, employers do have the right to fire or lay off employees on FMLA leave if they would have made the same decision had the employee not taken leave.
Wage and Hour Violations
Both the federal Fair Labor Standards Act and the New Jersey Wage and Hour Law require employers to pay a minimum wage for all time worked, with a time-and-a-half overtime premium for hours worked in excess of forty in a week if the employee does not fit into one of the following exempt categories:
Under New Jersey common law, your employer cannot fire you in violation of a clear mandate of public policy. Such an action is a wrongful dismissal, also known as wrongful discharge or wrongful termination. This means that even if your employer did not violate a specific law in firing you, it was a wrongful termination if your employer violated a clear mandate of public policy.
When an employer communicates to you that you are being fired, then you are actually being discharged. However, there are times that an employer’s conduct forces an employee to quit. As explained below, that type of resignation may be treated as though the employee was fired.
Severe or Pervasive Conduct
Workplace harassment can take many forms, but it is essentially workplace conduct by supervisors and/or co-workers that is directed at an employee because of the employee’s legally protected status (such as gender, race, age, or disability) and negatively affects an employee’s work environment.
The employment litigation law firm of Green Savits, LLC provides full-service representation to employees who have contracts. This representation includes providing advice to employees regarding their contractual entitlements and obligations, negotiating executive contracts, and litigating claims for breaches of employment contracts.
Restrictive covenants include non-compete agreements and non-solicit agreements. The attorneys at Green Savits, LLC represent employees in connection with various contract claims.
The attorneys at Green Savits, LLC represent employees in connection with all aspects of disputes involving severance pay issues. That representation includes reviewing proposed severance agreements and asserting claims to severance pay pursuant to employment contracts and ERISA severance pay plans.
If you are disabled but can perform the essential functions of your job with an accommodation, your employer is legally obligated to provide you with a reasonable accommodation unless doing so imposes an undue hardship on its business operations.
Workplace Harassment and Hostile Work Environment
Under New Jersey law, if a workplace harassment victim proves that a supervisor illegally harassed him/her, then the employer is legally responsible for damages. If you are harassed by a coworker, your employer can be held legally responsible if he/she (through any of the other employees) knew that the harassment occurred and did nothing to stop it, or should have known that the harassment was taking place, or did not have effective anti-harassment policies or training.
Employer's Legal Obligation to Prevent Harassment and to Address Complaints
Employers must investigate all harassment complaints, even if the complaining employee wishes to keep his/her complaint and name confidential. An employer who fails to promptly investigate a harassment complaint and then take swift action to put an end to the harassment could be liable for damages.
Contact our experienced New Jersey employment lawyers today by calling (973) 695-7777 or filling out the form on this page to learn more about your specific situation.