The contemporary workplace in New Jersey is governed by local, state, and federal laws that are designed to prevent discrimination, harassment, and other unlawful conduct. Nonetheless, employment-related disputes are commonplace, which makes it crucial for employees and employers to understand their respective rights and obligations. That’s where the employment law attorneys here Castronovo & McKInney, LLC come in.
If you believe you have been treated unfairly by your employer, you need the powerful representation we provide. When you become our client, we will take the time to explain your rights and help you explore your options. Although taking legal action against an employer is never easy, we are committed to protecting your right to earn a living.
Our experienced employment law attorneys are highly adept at resolving employment disputes through negotiation, arbitration, and litigation. We also represent businesses that are facing employment claims and work with them proactively to establish workplace policies and procedures that adhere to applicable employment laws.
Above all, our practice is dedicated to helping our clients foster positive work environments. Contact our Morristown or Manhattan office today to set up a consultation.
Dedicated New Jersey Employment Law Attorney
Whether you have been subjected to unfair treatment in the workplace or your business is facing an employment law claim, you need the trustworthy advice and counsel Castronovo & McKinney provides. We have a working knowledge of the applicable employment laws and a proven history of helping our clients achieve positive outcomes in and out of the courtroom.
There are a number of federal anti-discrimination laws that prohibit employers from discriminating against employees and job applicants based on a wide range of protected characteristics (e.g. age, race, sex, religion, national origin, sexual orientation, gender identity, disability), including:
- Title VII of the Civil Rights Act of 1964 (Title VII)
- The Age Discrimination in Employment Act (ADEA)
- The Americans with Disabilities Act (ADA)
- The Pregnancy Discrimination (PDA)
Federal laws provide employees with power legal protections; however, these laws are only a model for state laws. Also, claims under federal law must be heard by the Equal Employment Opportunity Commission (EEOC) before legal action can be taken. While we are comfortable in EEOC administrative proceedings and federal court, we believe workers have greater legal protections under New Jersey state laws.
New Jersey Employment Law Discrimination Attorneys
Under the New Jersey Law Against Discrimination (LAD), it is illegal for employers to treat employees and job applicants differently on the basis of race, religious creed, color, national origin, physical or mental disability, age, nationality, ancestry, marital status, affectional or sexual orientation, sex, AIDS or HIV status, genetic information, or military service.
This means that an employer cannot make any employment decision (e.g. hiring, compensating, promoting, terminating) based on these protected characteristics. Given that employers often conceal their discriminatory motives and have an unfair advantage over employees, it takes a skilled employment lawyer to level the playing field.
At Castronovo & McKinney, we leverage our skills and experience to help employees fight back against workplace discrimination and work with employers to ensure their employees are treated fairly.
Zero Tolerance for Sexual Harassment in New Jersey
The #MeToo movement has shone a spotlight on sexual harassment, but such harassment has long been considered an unlawful form of discrimination under federal and state law. In short, all workers in New Jersey, regardless of their sex, sexual orientation, or gender identity, have a right to a work environment free from harassment.
Identifying and fighting back against sexual harassment can be challenging, however, and victims are often reluctant to come forward out of a real fear of retaliation. Our sexual harassment attorneys help workers stand up for their rights and work with employers to establish well-conceived harassment prevention policies and reporting procedures.
New Jersey Wage and Hour Claim Attorneys
There are numerous state regulations requiring employers to:
- Provide a minimum wage
- Pay overtime
- Properly classify employees and contractors
- Implement timekeeping systems
- Keep records of pay/gratuities
Despite these requirements, employers often fail to pay the minimum wage or commit other wage violations. Although wage and hour claims can be filed with the New Jersey Department of Labor and Workforce Development (NJDOL), wage violations often impact groups of employees who may be able to combine their claims in a class-action lawsuit.
Employment Retaliation in New Jersey is Illegal
The anti-retaliation provision of the LAD makes it illegal for an employer to take an adverse employment action (firing, demotion, reassignment, pay cut) against an employee for engaging in a protected legal activity. This means you cannot be fired for complaining about discrimination, harassment, or wages. In addition, the Conscientious Employee Protection Act (“CEPA”) makes it is illegal for any employer to retaliate against an employee for:
- Reporting a practice of the employer that the employee reasonably believes is illegal
- Testifying in any hearing, trial, litigation, or another venue regarding any alleged violation of law
- Objecting to or refusing an order from an employer that the employee reasonably believes is illegal or violates public policy
Whether you have been wrongfully terminated or retaliated against in any other way by your employer or your business is considering terminating an employee or a company-wide layoff, talk to an experienced New Jersey employment lawyer.
Why Choose Castronovo & McKinney, LLC
Today, workplaces in New Jersey and throughout the nation have been dramatically impacted by the Covid-19 pandemic. The best way to navigate the employment landscape in the new normal is to have the informed representation and dependable service we provide. While many workplace disputes can and should be resolved through alternative forms of dispute resolution, we are fully prepared to litigate. Regardless of the forum, we will stand by you every step of the way and always work in your best interests.
Contact our Experienced New Jersey Employment Law Attorney
At Castronovo & McKinney, we have a well-earned reputation as dedicated advocates who are committed to helping clients achieve workplace fairness. Contact our office today to learn how we can help to resolve your employment-related dispute.
Individual Related Employment Law Practice Areas in New Jersey:
- Sexual Harassment
- Workplace Harassment
- Hostile Work Environment
- Discrimination (race, sex, pregnancy, age, religion, disability)
- Unpaid Overtime (wage and hour lawsuits)
- Retaliation and Whistleblower Violations
- Family and Medical Leave Act
- Severance Agreements
- Employment Agreements
- NJ Non-Compete Agreements
- Wrongful Termination
- Family and Divorce
Corporate Related Employment Law Practice Areas:
- Litigation of all Employment Claims
- Litigation of all Commercial Claims
- Handling Department of Labor Audits
- Drafting Handbooks, Policies and Corporate Documents
- Training Supervisors and Employees
- Independent Investigation into Alleged Workplace Misconduct
Other Employment Law Practice Areas:
- Municipal Government Counseling
- Securities Arbitrations
- Representation of Labor Unions, Union Members, and Civil Service Employees