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

By Thomas McKinney

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

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.