The Firm represents executives, employees and corporations in labor and employment related disputes. Disputes include, wrongful discharge, overtime pay, vacation pay, workplace harassment & discrimination, family medical leave, whistleblower cases, arbitration, mediation and other labor and employment related matters.
The Firm has represented employees and employers in state and federal court and in administrative proceedings before the New Jersey Office of Administrative Law.
Wrongful discharge claims are actionable under New Jersey and Federal Law. The State of New Jersey has enacted numerous laws protecting employees from wrongful discharge , such as the New Jersey Law Against Discrimination, Conscientious Employee's Protection Act, New Jersey Family Medical Leave Act, as well as other acts and common law causes of action.
Both New Jersey and Federal law define sexual harassment as unwanted sexual conduct of two main types: quid pro quo harassment and hostile environment harassment. Quid pro quo harassment occurs when employment is conditioned, expressly or impliedly, on the submission to unwelcome sexual advances (such as a supervisor saying “If you want to keep your job, you’d better have sex with me”). The more frequent type of sexual harassment, hostile environment harassment, generally occurs when the employee’s work environment is made hostile or abusive by sexual misconduct.
The State of New Jersey has enacted a broad statute protecting individuals from discrimination in their employment. New Jersey Law Against Discrimination N.J.S.A. 10:5-1, et seq. The federal law is similar to New Jersey's anti-discrimnation laws. New Jersey courts frequently look to federal law for guidance in interpreting discrimination laws.
Restrictive covenants, non-compete and non-solicitation agreements are recognized by the New Jersey courts. These claims bare fact sensitive and often require a number of considerations by the court to determine the validity of such an agreement. Careful analysis is applied to balancing the rights of both the employer and the employee in determining the validity, duration and scope of an agreement between the parties.
The New Jersey Conscientious Protection Act (CEPA) provides protection for employees who disclose employer conduct reasonably believed to be unlawful. The law protects those individuals providing testimony or information to a public body investigating misconduct, or object to or refuse to participate in an act reasonably believed to be illegal or against public policy.
An increasing number of labor and employment cases have been resolved through arbitration and mediation. New Jersey courts frequently enforce arbitration agreements between parties in the labor and employment law setting. Quite often, the parties resolve their differences through arbitration or mediation without incurring the high costs of protracted litigation.