New Jersey is an at-will employment state, which means that an employer or employee can end their working relationship for almost any reason; however, an employer is not allowed to terminate or otherwise act against a worker because of discriminatory beliefs and other illegal reasons. At Zatuchni & Associates, Employment Lawyers, our experienced Paterson employment law attorneys protect and defend the rights of New Jersey workers that have been discriminated against, harassed, and subjected to other adverse employment actions while at work. If you think that you may have a claim against your employer, call or contact our office today to schedule a free consultation.
What is an Adverse Employment Action?
An adverse employment action refers to a number of different decisions, acts, or omissions that an employer can take against an employee or applicant that affects the worker detrimentally. Some of the most common adverse employment actions include refusing to hire an applicant, refusing to promote an employee, demotion, disciplinary action, poor performance reviews, reassignment to a less desirable location, scheduling difficult or poor work hours, assigning an unmanageable workload, suspension, and termination of employment.
In most cases, an employer is allowed to make these types of decisions; however, if an adverse employment action is taken against an employee or applicant because the employer has discriminatory intent or is harassing the worker, there may be a claim under state or federal law for damages.
Defining Discrimination
Discrimination in the workplace is defined as taking adverse employment action against an employee or an applicant because of their actual or perceived belonging to a protected class or protected characteristic. New Jersey and federal law have identified a number of protected classes or characteristics, which include the following:
- Race;
- Gender;
- Color;
- National origin;
- Age;
- Disability status;
- Marital status;
- Pregnancy;
- Military service;
- Sexual orientation; and
- Genetic information.
It is important to note that an employee or applicant can bring a claim of discrimination against an employer even if they do not belong to a protected class. If an employer takes an adverse employment action against them because they perceive that the worker is part of a protected class that is enough to merit a claim, even if ultimately it is discovered that the employee or applicant did not possess that protected characteristic. Our employment law firm in Paterson is prepared to handle this, and other, types of employment law claims.
Our Practice Areas
Zatuchni & Associates in Paterson represents clients in all types of New Jersey and federal employment law matters. Our practice areas include, but are not limited to, the following types of claims:
- Racial discrimination;
- Gender discrimination;
- Age discrimination;
- Pregnancy discrimination;
- Sexual harassment (quid pro quo);
- Whistleblower claims;
- Wrongful termination;
- FMLA leave cases;
- Protection of employment during military service;
- Wage and hour disputes; and
- Disability discrimination claims.
To learn more about the types of employment cases our Paterson office handles, call or contact our office to schedule an appointment today.
How Our Employment Lawyers in Paterson Can Help
The skilled, top-tier Paterson employment lawyers at Zatuchni & Associates have the experience you need for your legal employment matter. Our attorneys have a deep knowledge of the laws and procedures for state and federal employment claims. On behalf of our clients, we notify and petition the proper agencies, monitor investigations, collect evidence and witness testimony, protect and enforce our client’s employee rights, and if necessary take the case to trial.
State and federal employment claims are also different with varying statutes of limitation, procedures, and laws for the case. For example, New Jersey law allows an employee to bring a claim up to two years after an adverse employment action for a state case, while a federal claim requires notification to the EEOC within 180 days of a workplace incident. At Zatuchni & Associates, our experienced lawyers understand the differences and can ensure that your case is handled properly from the moment that you hire us to advocate on your behalf.
Talk to Zatuchni & Associates Now
The knowledgeable and experienced Paterson employment lawyers at Zatuchni & Associates understand the stress and financial burden placed on employees affected by discrimination and other adverse actions in the workplace. We promise to zealously advocate for your interests if you have been wronged by your employer. To learn more about the wide range of legal services offered to our clients in the Paterson area dealing with an employment matter, call the office or contact us today to schedule a free evaluation of your case.