Posts Categorized: Employee Rights

Can I Be Fired For Complaining About Discrimination Directed At Another Employee?

Working as an employee who is subject to racist remarks, unwanted sexual attention, or bogus discipline due to age or disability is unpleasant, to say the least.  It can also be unpleasant for that employee’s co-workers to witness such discrimination and endure the stress it creates in the workplace.  I receive calls from many employees… Read more »

Sexual Harassment: Frank Advice to Workers From an Attorney

I’ve spent decades practicing employment law, first as an employer defense attorney, then representing employees.  Over all those years, I’ve litigated my fair share of sexual harassment lawsuits. Here’s what a seasoned employment attorney would like to advise workers regarding workplace sexual harassment: When it comes to office romances, tread carefully (or not at all)… Read more »

Can My Employer Fire Me For Using Prescribed Medical Marijuana?

In recent years, New Jersey has joined the growing number of states legalizing marijuana for medical purposes.  Indeed, in 2019, the New Jersey legislature has signaled a willingness to expand the number of licensed marijuana dispensaries in response to growing demand.  Medical marijuana use has proved a boon for patients seeking effective alternatives for managing… Read more »

I’m Getting Paid Less Than a Coworker For The Same Work. Is This Legal Under the New Jersey Law Against Discrimination?

In the wake of the #MeToo movement, pay equity between men and women is an issue arising more frequently in both the courts and the media.  New Jersey recently addressed discriminatory pay disparities in the Diane B. Allen Pay Equity Act of 2018, which revises the New Jersey Law Against Discrimination (the “LAD”) to prohibit… Read more »

How Long Does an Employment Lawsuit Take in New Jersey?

The decision to sue your current or former employer is not one you should take lightly. Before jumping into such a lawsuit, many have one question at the forefront of their minds: how long does an employment lawsuit take? An employment lawsuit moves in several stages, each of which takes considerable time and demands varying… Read more »

New Jersey Prevailing Wage Claims

If you’re an hourly worker in New Jersey, you’re no doubt already aware that the New Jersey Wage and Hour Law requires your employer to pay you the legal minimum wage and overtime rates of pay.  However, there’s another state law that provides additional wage and hour protections for hourly workers employed on public work… Read more »

Can I Be Fired Because of My Social Media Posts?

Fired Social Media Posts New Jersey

Facebook, Twitter, Instagram, Snapchat. Online platforms for communication that didn’t even exist a decade ago now occupy ever-increasing minutes of our lives. If you’re a working person who routinely uses social media, you’re right to wonder: Can my boss terminate me for social media posts I make on my own device, on my own time?… Read more »

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

Associational Discrimination New Jersey

Last updated Feb. 22, 2018. 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 reach to employees who are discriminated or harassed: Due to the protected class of a person with… Read more »

What Classifies as an Adverse Employment Action?

Adverse Employment Action New Jersey Law

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 »