What is a New Jersey employment lawyer?

By Thomas McKinney

A New Jersey employment lawyer is someone who specializes in the various state and federal laws covering Employment and Workplace issues in New Jersey . In the State of New Jersey, the common employment law statutes are the New Jersey Law Against Discrimination, the Conscientious Employee Protection Act, and the New Jersey wage and hour laws. Under the federal laws, the common statutes are Title 7 of the Civil Rights Act, the Americans with Disabilities Act, Age Discrimination in Employment Act, the wage and hour laws, the Older Worker Benefit Protection Act, and the Family Medical Leave.

Each of these statutes are different although they often times cover the same type of claim. The selection of the right statute to file under is critical in a case. For example, if you allege a claim based on a federal law, your case may be moved to federal court. Federal and State courts are very different in the amount of time that a case may last and the jury pool that you may be receiving at trial. Also, the time to rule on various motions differs greatly between State and Federal courts. Lastly, there is a cap on punitive damages in the federal courts, whereas, there is not a cap on damages in the state court.

Our New Jersey employment attorneys will review your case with you in detail and determine the best statute to file under. This is a thorough analysis of your claim and a strategy based decision on what will benefit you the most. Often times we believe that a matter is better in federal court versus state court. We make that decision based on the type of discovery or information that may be sought from the defendant. For example, if a case requires a significant amount of electronic discovery to be produce, it may be more advantageous to file it in federal court where there are more guidelines regarding the review and production of electronically stored information. We may also file in federal court if we believe that the federal statute is stronger and better for your case.

There is no hard and fast rule regarding which court to file in. However, we have seen a number of cases that were not filed in the proper court based on an attorney not having the knowledge of New Jersey employment law. It is crucial that you speak with someone is knowledgeable regarding New Jersey employment law. A New Jersey employment lawyer will be the best to advise you on your potential rights. Be careful of retaining an attorney who does not limit their practice to employment law as they may not have a grasp of the necessary knowledge and case law in order to properly advise you on your claim.

Our attorneys typically suggest that you receive numerous opinions from New Jersey employment lawyers before you decide whether which attorney to retain. This is important because the attorney client relationship in employment law suits is long so you want to make sure that you have retained the right attorney for you.

Please contact our New Jersey employment lawyers for a free and confidential consultation regarding your New Jersey employment law matter.


About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.