Despite federal, state, and local laws governing workplaces in New Jersey, employment-related
disputes are commonplace. When a dispute rises to the level of employment litigation, it is
crucial to have an experienced employment lawyer in your corner.
At Castronovo & McKinney, LLC, we regularly prosecute employment litigation in state and
federal court. Our practice is dedicated to protecting workers from discrimination, wage
violations, wrongful termination, and other unlawful employment practices.
If you believe your employment rights have been violated, we will provide you with powerful
representation when you need it most. While employment disputes can often be settled, we have
the skills and resources to represent you in employment litigation. Rest assured, we will work to
protect your rights in and out of the courtroom. Contact our office today to learn how we can
Why You Need an Employment Litigation Attorney
Taking legal action against an employer involves both professional and personal risk, including
the potential for retaliation and reputational harm. Given that employers have an unfair
advantage over employees, it takes an experienced employment litigation lawyer to level the
playing field. Our firm is highly experienced in litigating a wide range of employment-related
Employees in New Jersey are protected against discrimination by federal and state law,
● 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 New Jersey Law Against Discrimination (NJLAD)
● The New Jersey Conscientious Employee Protection Act (NJCEPA)
These laws prohibit employers from making employment decisions (e.g. hiring, compensating,
promoting, terminating) based on legally protected characteristics such as race, color, national
origin, sex, age, disability, and sexual orientation.
Whether you have been denied a job opportunity because of your race, passed over for a
promotion due to a disability, terminated because of your age, or discriminated against for any
other reason, you have a right to take legal action through an employment discrimination lawsuit.
It is also important to note that sexual harassment is considered an unlawful form of
discrimination that can also lead to employment litigation.
Employment Litigation For Wage Violations
Under the federal and state labor law, most employees in New Jersey are required to be paid the
minimum wage (currently $13 per hour), and eligible employees are also entitled to overtime pay
at a rate of time-and-a-half their regular rate for all hours over 40 hours per week. We represent
employees in individual and class-action lawsuits arising from all types of wage violations,
● Minimum wage violations
● Overtime pay violations
● Employee misclassification
● Unpaid Commissions
If you have been denied the wages you earned by your employer, trust our legal team to protect
New Jersey is an at-will state for employment purposes, which means employees can be fired
with or without cause. Employees cannot be terminated for unlawful reasons, however, such as:
Employees cannot be terminated for engaging in a legally protected activity, including
complaining about discrimination, harassment, or wage violations, reporting safety violations,
participating in a related complaint or legal proceeding, or filing a workers’ compensation claim
for a workplace injury.
Employers cannot terminate employees in violation of a public policy related to exercising a
a legal right, for refusing to participate in illegal activity by their employers or reporting illegal
activity (whistleblowing), or for required public service (e.g. jury duty or military reserve
Breach of Contract
Employees working under an employment contract that includes provisions specifying the
duration of employment or grounds for termination cannot be terminated for reasons not
specified in the contract.
Employment Contract Disputes
Certain employees – executives, managers, and salespeople – typically enter into contracts with
employers that specify the terms and conditions of employment, such as:
● Job duties and responsibilities
● Compensation, including commissions and bonuses
● Employee benefits (health insurance, paid time off)
● Term of employment
● Grounds for termination
When an employer breaches an employment contract by changing job assignments or
withholding commissions, employment litigation may necessary to resolve the dispute.
Employment Litigation Over Non-Compete Agreements
It is becoming increasingly common for businesses to require employees to sign a non-compete
agreement as a condition of employment. In a non-compete, the employee basically agrees not to
take a position with a competitor or client or start a competing business after his or her
employment ends. Employment litigation may arise when a non-compete agreement is overly
restrictive in terms of duration or geographical area covered.
When an employee is terminated, his or her employer may require that individual to sign a
severance agreement that typically includes a general release that prevents the fired worker
an employee from filing a lawsuit against the employer in exchange for receiving severance pay.
Our firm regularly represents terminated employees in disputes related to severance agreements
that often tie into wrongful termination claims.
Contact Our New Jersey Employment Litigation Attorneys
At Castronovo & McKinney, we have a demonstrated track record of success in employment
litigation. No matter the dispute facing you, we will work in your best interests at all times and
make sure your employment rights are protected. Contact us today to schedule a consultation.