Victim of Employment Discrimination, Harassment or Retaliation – What Not to Do

A good employment law case in New Jersey (NJ) can quickly become a bad case due to certain mistakes made after the discrimination, harassment or retaliation occurred.  You should avoid the following 3 things in order to maintain your employment case in New Jersey:

1. Don’t Quit Your Job Before Your Speak With An Employment Lawyer. Contact an employment law attorney before you quit your job.  New Jersey’s Law Against Discrimination generally requires that there be an adverse employment action (termination, suspension, demotion, etc.) or that you were constructively discharged.  Constructive discharge is very difficult to prove and you are required to demonstrate that the work environment was so intolerable that a reasonable person would resign.

2. Don’t File A Complaint With the DCR or EEOC Without a Lawyer. Contact an employment lawyer to discuss whether you should file with the DCR or EEOC.  You are not required to file with either the DCR or EEOC in New Jersey pursuant to the New Jersey Law Against Discrimination.

3. Hire An Employment Law Specialist. Selecting the right lawyer is very difficult and you should consult with a couple of attorneys before making your decision.  During your selection process, you should determine whether the lawyer is a specialist or a generalist.  For example, does the lawyer handle multiple different practice areas or does the lawyer focus on only employment law.  Employment law is a very specialized field and requires a significant amount of knowledge regarding the facets of changing case law and statutes.

Dated: May 18, 2010 – Castronovo & McKinney, LLC – NJ Employment Lawyers

Thomas A. McKinney, Esq.

Thomas A. McKinney, Esq. is an experienced New Jersey 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. If you have questions about this article, contact Thomas today by clicking here.