Over 50 Years Combined Experience
Protecting Employee Rights in the Workplace
Employment Law Attorneys Serving New Jersey
Put Over 50 Years of Combined Experience on Your Side
The good news here is that New Jersey’s employment laws, and the court decisions interpreting them, are 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 the federal courts.
What Are Your Rights Under New Jersey’s Employment Laws?
New Jersey's employment laws cover many areas of unlawful employer conduct, including the following:
- Discriminating against employees on the basis of race, national origin, sex, sexual orientation, pregnancy, age, race, religion, or disability;
- Failing to provide reasonable accommodations for disabled employees;
- Allowing the creation of a hostile work environment based on race, sex, or sexual orientation;
- Imposing or attempting to enforce overbroad and oppressive non-compete agreements on employees;
- Misclassifying employees as independent contractors and failing to pay employees overtime pay, benefits, or commissions due;
- Retaliating against employees (whistleblowers) who object to unlawful employer conduct;
- Denying employees their rights under the Family and Medical Leave Act (FMLA) or under the New Jersey Family Leave Act;
- Breaking employment contracts that have been negotiated with employees.
While a number of New Jersey employment law attorneys represent both employees and employers, the law firm of Schall & Barasch only represents employees, and we are exclusively focused on protecting the rights of New Jersey employees.
By dedicating our practice to protecting the rights of employees, we do not need to worry about pleasing big corporations and companies. Instead, we have garnered the reputation of aggressive plaintiff-side attorneys who will fight tirelessly against employers who violate New Jersey’s employment laws.
An Overview of New Jersey’s Employment Laws
New Jersey Law Against Discrimination (NJLAD)
The New Jersey Law Against Discrimination (NJLAD) outlaws discrimination based on:
In contrast to the federal anti-discrimination laws, there are no “caps” on damages available to employees under the New Jersey Law Against Discrimination. Accordingly, millions of dollars in damages are potentially recoverable in a sufficiently egregious case of employment discrimination against any employer in the State of New Jersey, regardless of that employer’s size.
The Conscientious Employee Protection Act
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.
Protection from Overbroad Non-Compete Agreements
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 in the country.
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. In such cases, a court will “blue pencil” the agreement to shorten its time period or narrow its geographic scope.
Contact Our Employment Lawyers in New Jersey
As attorneys exclusively dedicated to protecting the rights of New Jersey employees, we are experienced in counseling and litigating on behalf of employees in both the public and private sectors. Whether you are a senior-level executive or a worker on the factory floor, our goal is always the same: vigorously and effectively fighting for your rights.
If you have questions about the laws that may apply to you, it is important to consult with our experienced New Jersey employment attorneys. We encourage you to reach out to us online to request a consultation.