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WELCOME TO SCHALL & BARASCH LLC
Employment Law Attorney in NJ
Legal rights for employees are the focus of the law firm of Schall & Barasch LLC, located in Moorestown, New Jersey. Unlike other law firms that represent clients in multiple practice areas and include employment law as one of their practice areas, Schall & Barasch is dedicated to specializing in one area of law – employment rights.
While New Jersey has long had a reputation as one of the states with laws most favorable to employees, along with California and a few others, the environment here is not quite as favorable as it once was. This turn for the worse is largely due to a more conservative New Jersey Supreme Court, which 25 years ago was one of the leading courts in developing the law protecting the rights of employees. That, unfortunately, is no longer the case.
Nonetheless, New Jersey’s employment laws, and the court decisions interpreting them, still remain significantly stronger than those in the vast majority of states. Moreover, the protections provided to New Jersey employees by our State’s employment laws are almost uniformly better than those provided under federal law, and our state courts remain more protective of employee rights than do the federal courts.
Hiring a New Jersey employment lawyer who specializes in laws specific to New Jersey can increase your chances of a favorable outcome for your case.
New Jersey’s anti-discrimination laws allow for employees to recover more potential damages, as opposed to the federal laws against discrimination.
In 1991, Congress amended the principal federal anti-discrimination law, Title VII of the Civil Rights Act of 1964, to impose “caps” on the total amount of compensatory and punitive damages that employees could recover upon proving and winning a case that they had been discriminated against by their employees. Those “caps” can be as little as $50,000 for small employers and go up only to $300,000 for even the largest employers.
By contrast, under the New Jersey Law Against Discrimination, which outlaws discrimination based on race, age, sex, disability, sexual orientation and also covers a host of other “protected classes,” there are no “caps” on damages. Millions of dollars are potentially recoverable, in a sufficiently egregious case of employment discrimination, against any employer in the State of New Jersey, regardless of size.
For this reason, it’s important to consult with a New Jersey employment attorney who focuses on New Jersey employment law, specifically.
New Jersey also has a very strong law, the Conscientious Employee Protection Act, or CEPA, protecting the rights of whistleblowers and those who refuse to go along with employer demands that they participate in unlawful conduct.
While there have unfortunately been a few recent decisions from the New Jersey Supreme Court and the Appellate Division wrongly curtailing the protections of the law as intended by our Legislature, CEPA remains one of the strongest whistleblower protection laws in the country.
The NJ employment lawyers at Schall and Barasch fight on behalf of those who have been punished for speaking truthfully. Our experienced whistleblower lawyers relentlessly prepare and aggressively defend the brave employees in New Jersey, who choose to take a stand.
In the area of protecting employees from overbroad or oppressive non-compete agreements, New Jersey’s courts have also been among the more proactive courts around the country in doing so.
If a non-compete agreement is not legitimately protecting some genuine employer interest, but is instead merely anti-competitive, our courts will refuse to enforce it, even though an employee has signed it and stated (generally with no choice but to do otherwise) that he or she “agrees” that its terms are “reasonable.” In some cases, a court will find that a non-compete agreement covers too long a period of time or too great an area of geographic scope.
The NJ employment lawyers at Schall and Barasch can determine whether or not you have a case, with respect to non-compete agreements in New Jersey.