Bergen County Employment Lawyers
Employment Law Attorneys in Englewood & Beyond
Employment law governs the obligations employers and employees have to one another. When an employer - whether federally sanctioned or private - violates employment laws, employees have the right to seek restitution for any damages incurred.
At Herbert & Weiss, LLP, our attorneys have decades of combined experience representing employees during employment law disputes.
What Are Common Employment Law Cases?
Types of disputes that often fall under the category of employment law include:
- Employment discrimination. If a worker experiences discrimination in the workplace that violates acts such as the Title VII Civil Rights Act of 1964, that employee can file a suit to gain compensation from their employer.
- Family or medical leave and employee benefits. Employers are required to give employees certain benefits or leave opportunities, or face legal penalties.
- Wrongful termination. If an employee is wrongfully terminated, they can fight to gain compensation for their termination.
- Occupational safety and health violations. If an employer violates health and safety standards set forth by the Occupational Safety and Health Administration (OSHA), an employee can file a suit to gain compensation and rectify the violations.
- Non-compete clauses. Employers often require employees to sign a non-compete clause to prevent employees from leaving and destabilizing their business. If the terms of a non-compete are unfair, an employer may face legal consequences.
- Non-disclosure agreements (NDAs). If an employer issues an illegitimate NDA, they may face penalties similar to employers who issue unenforceable or unfair non-compete clauses.
Available Remedies in Employment Law Cases
If unlawful employment actions happen to you, you can pursue various types of solutions, including:
- Attorney fees. Your employer can be required to pay your attorney’s fees for the claim.
- Court fees. Your employer can also be required to pay your court and any other legal fees.
- Injunctive relief. The court can mandate that your employer take steps to address and stop the actions that led to the claim. For instance, employers may be told to rehire the employee and implement new company practices or guidelines.
- Front pay. A court can require an employer to pay an employee for anticipated future damages as well as wages and benefits you would have received if they were able to reinstate you.
- Back pay. You can be awarded back pay for your lost wages and others lost benefits.
- Punitive damages. Punitive damages are not linked directly to the losses suffered by the victim but are designed to penalize the employer for particularly egregious conduct and deter similar behavior in the future. The calculation of punitive damages varies significantly and depends on factors such as the severity of the wrongdoing, the employer's intent, and the capacity of the employer to pay.
- Pain and suffering damages. Pain and suffering damages refer to monetary compensation granted for the physical and emotional distress experienced by an employee as a result of unlawful workplace practices1. These damages can include compensation for physical impairment, medical conditions exacerbated by discrimination, harassment, or retaliation, and emotional distress caused by such actions. Pain and suffering damages are typically awarded in cases where the employee has been subjected to discrimination, harassment, or retaliation. The amount of compensation awarded for pain and suffering varies, depending on several factors, such as the severity of the emotional distress, the impact on the employee's life, the maliciousness or recklessness of the employer's act, and the physical injury (if any).
What Is Required to Prove Employment Discrimination?
Employment discrimination refers to unfair treatment of employees or job applicants based on certain protected characteristics, such as:
- national origin,
- sex (including pregnancy, gender identity, and sexual orientation),
- genetic information,
- age, or
To prove employment discrimination under the law, one must typically show:
- Disparate treatment. This is intentional discrimination where an employee is treated less favorably because of their protected characteristic.
- Adverse impact (or disparate impact). This occurs when a seemingly neutral policy has a disproportionately adverse effect on members of a protected group.
- Harassment. This involves unwelcome conduct based on a protected characteristic that becomes a condition of continued employment or creates a hostile work environment.
Now, let's delve into the types of evidence that can help establish these legal requirements:
- Witness testimony. Statements from co-workers, managers, or other individuals who witnessed the discriminatory behavior can provide first-hand accounts of the incident. These can corroborate the victim's claims and provide context about the workplace culture.
- Statistical data. Numbers can tell a compelling story. If a specific group is consistently paid less, overlooked for promotions, or disproportionately terminated, it may indicate systemic discrimination.
- Thorough documentation. Emails, memos, performance reviews, disciplinary notices, and other official documents can demonstrate patterns of discriminatory behavior. For instance, if an employee is suddenly given poor performance reviews after disclosing a pregnancy, it could suggest discrimination.
- Filed complaints. Past complaints about discriminatory practices can show a pattern of behavior. These can be formal complaints made to HR or informal ones shared among colleagues.
- Evaluations and reviews. If an employee's performance reviews decline after they have engaged in a protected activity (like filing a complaint or taking FMLA leave), it might indicate retaliation, a form of discrimination. Evaluations may also indicate a certain bias in management based on protected status.
Why Trust Our Employment Law Attorney?
At Herbert & Weiss, LLP, we handle employee-side and federal employment law disputes. If you believe an employer has violated your rights, we'll work with you to pursue compensation or other restitution for any damages you've incurred.
We understand that navigating through employment law issues can be daunting. That's why our team of dedicated and experienced lawyers is here to assist you every step of the way.
You can trust our Bergen County attorneys to handle your employment law concerns for the following reasons:
- Our legal team comprises highly skilled individuals who have extensive knowledge of employment laws. We are well-versed in various aspects of labor law, including wrongful termination, discrimination, wage disputes, and more.
- Our lawyers have a proven track record of successfully handling complex employment cases. With years of experience under our belts, we can effectively navigate the complexities of any case, no matter how intricate.
- We are deeply committed to fighting for the rights of employees. Our lawyers advocate tirelessly for our clients, ensuring that their rights are protected, and their voices are heard.
- Our firm has a solid track record of delivering favorable outcomes for our clients. We have successfully represented numerous clients, helping them secure the justice and compensation they deserve.
- We take a client-centered approach to cases. At Herbert & Weiss, LLP, our clients are our top priority. We take the time to understand your unique situation and tailor our approach accordingly, providing personalized legal services that meet your specific needs.
- We believe in maintaining open lines of communication with our clients. Our lawyers are always accessible and ready to answer any questions you may have about your case. We keep you updated on the progress of your case and explain everything in clear, understandable terms.
- Our lawyers think outside the box to provide innovative solutions to your legal problems. We combine our legal expertise with practical strategies to achieve the best possible outcome for your case.
Our team is open to helping any family through challenging times. The first step is speaking to an attorney. Then we will create a strategy specific to your goals.
Results-Focused & HonestWe provide realistic expectations about the process and path to attaining your goals. We will work together with you as a team.
Experienced LitigatorsWe do not shy away from court and know how to command a courtroom. We will work together with you to create a strategy that aligns with your goals.
Assertive & AggressiveOur goal is to deliver a resolution and provide results. Whether it's obtaining a settlement or court litigation, we are ready to do what is necessary.
Dedicated & CaringNo matter how complex your case, our main priority is to make sure you're fully informed throughout the process. We are here to support you.