NEW JERSEY HUMAN RESOURCES ATTORNEYS
If you are facing problems at your workplace, you may need to speak with an employment attorney. Employment attorneys are sometimes referred to as human resources lawyers. They work almost exclusively with issues such as wrongful termination, non-compete agreements, employment contract disputes, and workplace discrimination. Employment attorneys Richard Schall and Patricia Barasch have dedicated their entire careers to fighting for employees in workplace conflicts. They are the strongest possible advocates of employee rights. Their extensive knowledge of federal and New Jersey employment laws comes from many years of experience. Because of this, they are most adept to advise and fight for you if you believe your rights as an employee have been violated.
When you are facing HR issues at work, speaking to the right employment attorney is crucial. Few law firms dedicate their entire practice to employee rights advocacy. The partners at Schall & Barasch are selective with which cases and clients they take on. Because of their exclusive focus on employment law, they do not get distracted by cases they are not passionate about. This enables them to have the ability to provide individualized care to each client.
Federal and New Jersey state employment laws
Discrimination in the hiring process
Some people face discrimination before they are even hired. For example, an employer might ask a female applicant if she is planning to become pregnant and not hire her based upon her answer. If a disabled applicant applies for a job and would be able to perform their job as well as a non-disabled employee, the employer might not hire the applicant because of the possibility of having to provide reasonable accommodations.
Employers cannot pass up eligible employees for promotions in a discriminatory manner. Discrimination for promotions on the basis of pregnancy, religion, race, disability or whistleblowing is illegal. If you have the same qualifications as other candidates and could perform the duties of a position as well as other candidates despite your disability, an employer cannot pass you up for a promotion without due consideration.
In companies of 50 or more employees, the Family Medical Leave Act protects an employee’s ability to take up to 12 weeks of “job protected leave” per year. During this time, they may take care of themselves or an immediate family member with a serious health condition. In this 12 week period, the employer must continue the group health insurance coverage under the same conditions as if the employee had not taken leave. During and after this time, the employer may not terminate the employee. If you faced termination before, during, or after your FMLA, or your employer ended your health insurance coverage, speak to an FMLA attorney to discuss your possibility of recourse.
If you believe you have been unlawfully terminated in New Jersey, you may no longer have access to your company’s HR department. Your best course of action will be to speak to an HR attorney, also known as an employment law attorney. If your employer terminated you on account of discrimination based on your race, disability, sex, or in response to your whistleblowing efforts, you have legal recourse against your employer.
Should I speak to an HR attorney?
While it might seem like the most simple course of action is to speak with your company’s HR department, remember that HR works for your company, not you. HR usually works in the best interests of the company and its managers. If you believe your rights as an employee have been violated, you may want to consider a consultation with an employment attorney. A firm that works exclusively with employment law will be much better equipped to advise you if you’re facing workplace discrimination, wrongful termination, unfair non-compete agreements, or sexual harassment.
There are a few main reasons you might need to escalate your case with an employment attorney:
You’ve faced discrimination
- Workplace discrimination on the basis of race, sex, disability, military service, pregnancy, or whistleblowing is illegal. If you tried to resolve discrimination amicably through your HR department to no avail, speak with an employment law attorney.
You want your concerns to be taken seriously
- Unfortunately, some employers and HR departments will not take you seriously unless you have legal representation.
You want help with difficult confrontations
- Negotiating your own employment agreement, severance package, or non-compete agreement can be challenging. If you do not feel comfortable advocating for yourself or being in a confrontational situation, legal representation can help. Employee rights advocates Richard Schall and Patricia Barasch can ensure you reach the best possible conclusion through mediation.
You fear you might not meet deadlines
- There are many confusing deadlines and requirements in the world of employment law. An employment law attorney can help you keep up with the prerequisites to filing suit and the exacting deadlines.
You are unsure about employment laws in your state
- It’s possible there are employment laws that you, your employer, and your HR department are unaware of. An HR attorney must keep current with all employment laws. If you believe you might have a claim against your employer, or believe something has happened in your workplace that is illegal, speak with an employment law attorney.
Contact a Human Resources Attorney
Employment laws are complex and may vary drastically from state to state. It is incumbent upon HR professionals to keep abreast of federal and state employment laws. However, office politics and personal relationships sometimes interfere with their mandate of impartiality. Speak with a dedicated employment law attorney if you are facing workplace difficulties you believe to be illegal. You can fill out our online contact form or call us at (856) 914-9200.
Richard Schall agues against forced arbitration before the New Jersey Supreme Court