Can My Friends Get Me Fired? What about a Case of Mistaken Identity?

Can I Sue For Discrimination Based on My Association With Someone Else?  What About Based on My Employer’s Mistaken Perception About Me? I’ve often emphasized that the New Jersey Law Against Discrimination (the “LAD”)  is a remedial law, aimed at eradicating workplace bias.  With that lofty goal in mind, our courts have extended the LAD’s… Read more »

What Classifies as an Adverse Employment Action?

Last updated Oct. 30, 2017. To prevail in a workplace discrimination or whistleblower suit, you must show that your employer took action against you due to unlawful bias and/or retaliation. However, courts don’t consider any and every employer action to be serious enough to support a claim. Rather, the law requires that workers prove they… Read more »

I Filed A Lawsuit Challenging My Termination. Can My Former Employer “Bad-Mouth” Me to Prospective Employers?

Being a plaintiff in an employment law claim is not an enviable position to occupy. First, you’re fired in violation of anti-discrimination, retaliation and/or whistleblower laws. Then, you’re tasked with finding a reputable attorney and surviving the various stages of litigation.  In the meantime, you need to look for another job – not simply to… Read more »

Can My Boss Fire Me For Talking Politics At Work?

In today’s America, it seems there’s no escaping politics.  Partisan headlines stream constantly on cable news outlets and internet news sites.  Scroll through your social media feed, and it’s likely you’ll encounter political posts from your network of friends.  Even entertainment has turned political, with TV shows and movies tackling hot-button issues. Given the foregoing,… Read more »

Will Collecting Unemployment Reduce the Size of My Employment Lawsuit Verdict?

Getting by in today’s economy can be a real challenge.  As such, after a termination or lay-off, even workers with emergency savings often apply to the New Jersey Department of Labor and Workforce Development for unemployment benefits.  These payments, calculated as a percentage of your average weekly earnings during a base period, can help tide… Read more »

7 Rules for Surviving Your Employment Claim Deposition

Some employment claims are settled with employers without resorting to a lawsuit.  The rest are litigated through the judicial system, beginning with an attorney filing a formal complaint in court on behalf of the employee.  If the claim proceeds far enough without settling, it is almost a guarantee that the employee will be deposed as… Read more »

Age Discrimination at Work: How to Recognize It, How to Protect Yourself From It

Recently, Bloomberg News published The New Face of American Unemployment.  The article profiles five individuals representative of Americans struggling to find work in a still-challenging economy.  Among those profiled is Mike Schlager, a 55-year-old Information Systems manager who lost his job after a change in management and, after one year, is still looking for alternative… Read more »

Time Off Work for Religious Observances: What is Reasonable and What is Undue Hardship?

Last updated Oct. 30, 2017. What do observant Orthodox Jews, Seventh-Day-Adventist Christians, and Muslims have in common? (And no, this is not the set-up for a punchline). If they work for a living, then the answer is that — absent special circumstances — they often need to ask their employers for time off to observe… Read more »

I Signed What?: What Happens When Your Employment Lawsuit Is Subject to An Arbitration Clause

I have been representing employees in discrimination, retaliation and whistle-blower claims against employers for nearly two decades now.  On several occasions, clients who steeled themselves to take the fight to court were astonished to learn that they had no lawsuit because they had unwittingly waived their right to trial.  In other words, they had signed… Read more »

5 Things Every Whistleblower Should Do

Last updated Sept. 29, 2017. The New Jersey Conscientious Protection Act (CEPA) protects workers who complain about or report unlawful conduct on the part of their employers from retaliatory actions like firing or demotion. However, no law confers unlimited protection, CEPA included. So-called “whistleblower” employees should still make sure to complain and report to their employers… Read more »