Common Employment Disputes in New Jersey

September 01, 2023

Employment disputes are a common occurrence in the workplace. They can happen for several 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 Choi Law Firm can help you navigate them.

Discrimination and Harassment

Discrimination and Harassment represent a prevalent pair of workplace conflicts in New Jersey. Workplace discrimination transpires when an employee is subjected to unjust treatment due to attributes safeguarded by law, such as race, gender, sexual orientation, age, religion, or disability.

Discriminatory practices manifest in various ways, ranging from the denial of promotions and unequal compensation to unjust dismissal. Within the state of New Jersey, the Law Against Discrimination (LAD) serves as a safeguard, shielding employees from discriminatory acts in the workplace.

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

New Jersey frequently encounters wage and hour conflicts, which materialize when an employee believes they have not received fair compensation for their labor. Typical wage and hour disagreements encompass the following situations:

  • 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.

Retaliation

When an employer takes adverse actions against an employee for engaging in legally protected activities, such as lodging a complaint regarding discrimination or harassment, this is referred to as retaliation. Retaliation can manifest in various ways, including dismissal, demotion, or a decrease in compensation. In New Jersey, the Conscientious Employee Protection Act (CEPA) provides safeguards for employees who report harassment, shielding them from retaliatory actions 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.

Wrongful Termination

Wrongful termination occurs when an employee is dismissed in a manner that contravenes state or federal regulations, such as those related to discrimination, retaliation, or contract breaches. In New Jersey, the Law Against Discrimination and CEPA serve as safeguards, defending employees against 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

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.

Disclaimer: 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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