Your job allows you to provide for your family’s health and well-being. When your employers or co-workers harass or discriminate against you, it not only makes for an uncomfortable work environment, it also puts your livelihood at risk.
At Eisbrouch Marsh in New Jersey, we understand the financial and emotional toll that harassment and discrimination take on your career and your life. We fight for the rights of employees who have been wronged in the workplace. Call us today at 201-342-5545 for a free consultation about your options for legal recourse. We can help you fight back.
Your Rights as an Employee
Although companies retain a lot of power over who they employ, you have certain rights as an employee provided by New Jersey and federal laws. You have the right to:
- Work free without being sexually harassed or discriminated against
- Work without fear of retaliation for reporting or filing a discrimination claim against your employer
- Work in a safe environment
- Earn fair compensation
When your rights are violated by an employer or co-worker, you may be able to pursue a legal claim to get justice and compensation for your losses.
Wage and Hour Disputes
Under the Fair Labor Standards Act (FLSA), employees are entitled to protections from exploitation by their employers. Employees who are not exempted from the rules must receive overtime pay for working more than 40 hours a week. Although this seems like a straightforward rule, it can be difficult to calculate for employees who make their living earning tips.
If you believe your employer is not providing appropriate overtime pay, we can help you understand your rights and your ability to take legal action to recoup lost wages.
The Americans with Disabilities Act (ADA) protects employees with disabilities against adverse employment actions based on their disability. The ADA prevents employers (with more than 15 employees) from:
- Refusing to offer reasonable accommodations in the application process.
- Refusing to consider applicants with disabilities.
- Requiring applicants to take a medical exam before making a job offer.
- Refusing to discuss reasonable accommodations.
- Refusing to provide reasonable accommodation.
- Singling out employees with disabilities for layoffs.
- Allowing disability-based harassment.
If you have suffered from disability discrimination on the job or in the hiring process, contact Eisbrouch Marsh for your free legal consultation.
Discrimination Based on a Protected Class
A number of laws, such as the Civil Rights Act of 1964 and the New Jersey Law Against Discrimination (NJLAD), protect employers from being treated differently because of specific characteristics. Discrimination based on the following classifications is expressly prohibited:
- Sexual orientation
- Using family or medical leave time
If your employer makes hiring and firing decisions or promotion and disciplinary decisions based on you belonging to a protected class, you may have a legal claim to recover lost compensation.
Sexual harassment is unfortunately still a major problem in America today. It generally comes in two forms. The first is the quid pro quo type of harassment where a person in power demands sexual favors for work advancement. The second creates a hostile work environment and is sometimes difficult to recognize in its subtlety at first, but can create an unbearable work environment over time.
The following questions can help you identify discriminatory conduct, and the answers may help you realize that it’s time to take action:
- Does this offensive conduct represent a pattern of acting or is it an isolated incident?
- Does the misconduct seem serious enough to create the kind of work environment that a reasonable person would deem intimidating, hostile, or abusive?
- Does enduring the ongoing misconduct appear to be a condition of your continued employment?
Call Today for Your Free Labor and Employment Consultation
If you have been the victim of workplace discrimination or you have been terminated and received a severance agreement, please contact Eisbrouch Marsh today at 201-342-5545 before you sign any agreements.
Our employment law attorneys can look out for your best interests and guide you toward the right legal action to get the compensation you rightfully deserve.
We serve residents in northern New Jersey, including Hackensack, Newark, Bergen County, and Essex County from our offices in New Jersey and New York.