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Employees who are experiencing difficulties at work or feel that they are being harassed, discriminated against or retaliated against by the company may want to file a lawsuit. However, now may not be the right time to file a NJ Employment Law case against the company.
If you are still employed by the company, you may want to think hard about filing a lawsuit for the following reasons: (1) the damages that you have suffered may be low; (2) your work environment may become worse; and (3) you may experience more retaliation in the form of a termination.
First, Employment Lawsuits in NJ allow you to recover damages for lost pay, emotional distress and punitive damages. You will not be entitled to any lost pay damages if you are still working for the company (unless you were denied a promotion or suspended without pay). Emotional distress damages are hard to predict and may range from $0 to $100,000 for emotional distress caused by the employer. The emotional distress damages may be greater in the event that you are seeking medical treatment from a medical provider.
Second, many employees complain that the work environment gets worse after they file a lawsuit. Usually it becomes worse because people stop talking to the employee or give them dirty looks. However, depending on your circumstances, you may welcome the employees no longer speaking with you.
Third, NJ Employment Law prevents the company from retaliating against you for filing a lawsuit based on the NJ Law Against Discrimination. However, as any experienced NJ Employment Lawyer will tell you, that does not mean that the company will not retaliate against you. We have seen many large and small companies terminate employees who file a lawsuit while still working for the company. This is something that you should way before filing the lawsuit.