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Defending New Jersey Employers in Employment Litigation
Keeping track of the dynamic and evolving changes in New Jersey employment laws is an important part of running a successful business. CMS employment attorneys act as strong advocates in defending employers when litigation arises.
The Importance of Protecting Your Business
CMS employment lawyers understand how critical employment matters are to keeping your business running smoothly and with business goals in mind, the employment lawyers at CMS provide employers and business owners with important practical and preventative strategic legal advice to minimize risk and help them avoid potential liability. In addition, when necessary, CMS employment lawyers defend employers in employment litigation.
Do You Need An Employment Litigation Defense Attorney?
CMS provides defense in various types of employment litigation including employment discrimination, wrongful termination, workplace harassment, and hostile work environment, unlawful retaliation and whistleblower claims, family and medical leaves of absence, workplace accommodations, wage and compensation issues, and breach of restrictive covenants.
Employment Discrimination Allegations
The New Jersey Law Against Discrimination (“LAD”) strictly prohibits discrimination in the workplace such as age, race, national origin, disability, pregnancy, gender discrimination as well as other legally protected categories. It is important for employers to work with legal counsel to defend such claims by, among other things, having support for the legitimate, non-discriminatory business reasons for the alleged adverse employment action.
Wrongful Termination Allegations
Alleged wrongful termination is a frequent type of employment litigation. Alleged wrongful termination generally occurs when an employee’s termination was motivated (at least in part) by an unlawful reason. Unlawful reasons include, but are not limited to, discrimination, retaliation for complaining about activity that an employee reasonably believed was illegal or fraudulent, or retaliation for requesting a workplace accommodation.
Workplace Harassment Allegations
Workplace harassment and hostile work environment claims are common employment litigation matters. Alleged workplace harassment occurs where submission to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature is made a term and condition of employment, or where submission to or rejection of such behavior forms the basis for employment decisions. An alleged hostile work environment harassment claim requires the employee to demonstrate that the conduct was unwelcome, that it occurred because of the individual’s sex, and that a reasonable person would consider it sufficiently severe or pervasive to alter the employee’s conditions of employment.
Unlawful Retaliation and Whistleblower Claims
Two prevalent types of retaliation claims in the State of New Jersey arise under the New Jersey Law Against Discrimination (“LAD”) and the New Jersey Conscientious Employee Protection Act (“CEPA”). Under the LAD, it is an unlawful employment practice to retaliate against any person because the individual (1) has opposed any practices or acts outlawed by the LAD or (2) has or intends to file a complaint, testify, or assist in any proceeding under the LAD. CEPA protects whistleblowers in the State of New Jersey. Among the prohibitions of CEPA is that an employer cannot retaliate against any employee who discloses or threatens to disclose, to a supervisor or to a public body, an activity, policy or practice of the employer or another employer with whom there is a business relationship, that the employee reasonably believes is in violation of a law or is fraudulent or criminal. CMS employment lawyers defend employers in these types of matters by, among other things, developing facts to support the employer’s legitimate, non-retaliatory business reasons for the alleged adverse employment action.
Family and Medical Leave of Absence
The Family and Medical Leave Act (“FMLA”) allows eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Employees in the State of New Jersey may also be entitled to unpaid, job-protected leave under the New Jersey Family Leave Act (“FLA”). Alleged retaliation for taking leave under the FMLA or FLA and/or alleged interference with an employee’s rights to take leave under the FMLA or FLA may lead to employment litigation.
Federal and state law requires employers to engage in dialogue with employees who seek accommodations due to disability and/or sincerely held religious beliefs. An employer’s alleged failure to grant accommodations requests may give rise to legal claims. It is important for employers to obtain legal counsel to develop a defense to such claims in the event employment litigation arises.
Wage and Compensation Allegations
Employment litigation frequently arises when there are wage and hour violations for failure to pay overtime and/or other compensation due to employees, including but not limited to, sales commissions. Both federal and state laws afford broad protections for employees and there are significant remedies against employers for violations of wage and hour laws. As such, it is important for employers to obtain legal counsel to assist with such matters.
Breach of Restrictive Covenants
The most frequent employment litigation for breach of restrictive covenants involves Non-Competition Agreements and Non-Solicitation Agreements. Non-Competition Agreements generally prohibit an employee from performing services for a competitor. Non-solicitation agreements generally prohibit the solicitation of a former employer’s customers and employees. In today’s turbulent economic environment, it is important for employers to seek to enforce their rights under these agreements to protect their legitimate business interests.
Why Work with a Trusted Employment Defense Attorney
It is difficult to run a business in today’s litigious society which affords broad legal protections to employees in the workplace. Therefore, it is important to have a trusted New Jersey employment defense attorney to represent you in the unfortunate event that a former employer files a lawsuit against you.
Consult a New Jersey Employment Defense Attorney
The Firm’s Employment Law Attorneys are not only strong advocates but also trusted counselors who provide guidance to businesses throughout the difficult employment defense litigation process. If you require an Employment Defense Attorney, please contact Curcio Mirzaian Sirot LLC.