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Representation for Employees in Employment Litigation

Employees in the State of New Jersey have broad protection of legal rights. CMS employment attorneys are strong advocates for their clients and have wide-ranging experience representing employees in various types of employment litigation.

What is Employment Litigation?

In general, employment litigation is a lawsuit involving an employee and the employee’s former employer.  As set forth below, there are various types of employment litigation.  

Types of Employment Litigation For Employees

In today’s litigious environment, employees often need representation when bringing forth litigation against their previous employer. Our New Jersey employment litigation attorneys have a wide array of experience representing employees in various types of employment litigation, including but not limited to, the following:

Employment Discrimination

The New Jersey Law Against Discrimination (“LAD”) strictly prohibits discrimination in the workplace. Protected categories under the law, include but are not limited to, age, race, national origin, disability, pregnancy, and gender discrimination. If you’ve been a victim of employment discrimination our attorneys can help. 

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Wrongful Termination 

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.   

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Workplace Harassment and Hostile Work Environment 

Workplace harassment and hostile work environment claims are common employment litigation matters. 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.  A 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.   

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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. 

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Family and Medical Leaves 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”).  Retaliation for taking leave under the FMLA or FLA and/or interference with an employee’s rights to take leave under the FMLA or FLA may give rise to legal claims. 

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Workplace Accommodations

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 failure to grant accommodations requests may give rise to legal claims. 

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Wage and Compensation Issues

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 law afford broad protections for employees and significant remedies against employers for violations of wage and hour laws.   

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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. 

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The Role of Your Employment Law Attorney

The role of your employment law attorney throughout the litigation process is significant. Your employment attorney advocates for your rights and provides you with valuable strategic advice. In addition, your employment attorney listens to the goals you want to achieve and provides you with honest, realistic options based on the circumstances.   

Speak with an Experienced Employment Law Attorney Today

The Firm’s Employment Law Attorneys are not only strong advocates but also trusted counselors who provide guidance to their clients throughout the difficult litigation process. Our attorneys do not take a “one size fits all” approach to litigation. Our Employment Law Attorneys listen to the client’s needs, advocate on their behalf, and are there for their clients every step of the way. If you require representation in employment litigation, please contact Curcio Mirzaian Sirot LLC

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