Common Employment Disputes in New Jersey
March 20, 2023
Employment disputes are a common occurrence in the workplace. They can happen for a number of reasons and can be costly and time-consuming for both employees and employers. In this article, we’ll explore some of the most common employment disputes in New Jersey and how the Choi Law Firm can help you navigate them.
Discrimination and Harassment
Discrimination and harassment are two of the most common employment disputes in New Jersey. Discrimination in the workplace happens when an employee is treated unfairly based on protected characteristics such as race, gender, sexual orientation, age, religion, or disability. Discrimination can take many forms, including denial of promotions, unequal pay, and wrongful termination. In New Jersey, the Law Against Discrimination (LAD) protects employees from discrimination in employment.
Harassment in the workplace can take many forms, including verbal, physical, and sexual harassment. It can turn the workplace into a hostile place and make it hard for people to do their jobs well. In New Jersey, employers are required to provide a work environment that is free from discrimination and harassment.
Wage and Hour Disputes
Wage and hour disputes are also common in New Jersey. These disputes arise when an employee feels that they have not been properly compensated for the work they have done. Some common wage and hour disputes include:
- Unpaid overtime
- Misclassification of employees as exempt from overtime
- Failure to pay minimum wage
- Failure to provide meal and rest breaks
Wage and hour violations occur when employers fail to pay employees the minimum wage or overtime pay as required by law. In New Jersey, the State Wage and Hour Law and the Fair Labor Standards Act (FLSA) protect employees from wage and hour violations.
When an employer does something to an employee for doing something that is legal, like filing a complaint about discrimination or harassment, this is called retaliation. Retaliation can take many forms, including termination, demotion, or a reduction in pay. In New Jersey, the Conscientious Employee Protection Act (CEPA) protects employees who report harassment from retaliation by their employer.
Breach of Contract
A breach of contract occurs when an employer fails to fulfill their contractual obligations to an employee. This includes not paying wages or benefits or following the rules of a collective bargaining agreement.
When an employee is fired for reasons that violate state or federal law, such as discrimination, retaliation, or breach of contract, this is called “wrongful termination.” In New Jersey, the Law Against Discrimination and the CEPA protect employees from wrongful termination.
How to Resolve Employment Disputes
Employment disputes can be resolved in several ways, including:
- Mediation: A mediator helps the parties to reach a mutually acceptable solution.
- Arbitration: An arbitrator hears the evidence and makes a binding decision.
- Litigation: A lawsuit is filed in court, and a judge or jury makes a decision.
No matter what method is chosen, it is important to talk to an experienced commercial litigation attorney who can help guide and represent you throughout the process.
Contact Choi Law Firm Today For a Confidential Consultation About Your Employment / Labor Disputes in New Jersey
At Choi Law Firm, we understand that employment and labor disputes can be challenging and overwhelming. That’s why we’re here to help you navigate the complexities of your business litigation matter in New Jersey or New York. Our skilled lawyers have helped clients in a wide range of employment disputes, such as discrimination, harassment, wrongful termination, wage and hour violations, and contract breaches.
Your business could be utterly disrupted by labor issues. You may get the assistance you need to take the necessary actions to prevent legal disputes or litigation in the first place from the skilled New Jersey labor dispute attorneys at the Choi Law Firm. If a legal disagreement or litigation cannot be avoided, our firm is also available to defend your company’s interests.
We work tirelessly to protect our clients and ensure they receive the protection they deserve. If you’re facing a labor dispute, don’t face it alone. Contact the Choi Law Firm today to schedule a confidential consultation and learn how we can help you.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
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