At Resnick Law Group, we are passionate about defending the rights of employees. It shows in our results. Founding attorney Gerald Jay Resnick is a Certified Trial Attorney in New Jersey, a prestigious designation reflecting significant trial experience and a high level of professionalism. Mr. Resnick has helped set important legal precedents for workers and successfully tried many employment cases to a verdict, including cases involving employment discrimination, wrongful termination, hostile work environment, and retaliation and whistleblower claims. With Member of the Firm, Vincent Antoniello, who previously practiced employment law for employers in a variety of contexts, the Firm has over 50 years of employment law experience, giving the Resnick Law Group a keen understanding of the legal, practical, and personal dimensions of your employment dispute. We are experienced, aggressive advocates for each and every one of our clients, and provide our services in both New Jersey and New York.
Employment Law Overview
Employment law disputes between employees and employers can place employees in a difficult position. Employees depend on their employers for the paycheck that pays for such necessities as groceries, mortgage or rent. There may also be a measure of emotional sustenance obtained at work, since so many hours are spent there. Employers are required to follow federal, state, and local employment laws. Unfortunately, they do not always do so, either because they are unaware of what the law is, or take willful action against the employee. An employment attorney in New Jersey can also help you hold your employer accountable for failing to follow the law in connection with such matters as a breach of an employment contract, failing to pay proper wages, or discriminatory actions.
Employment discrimination is unlawful. It occurs when an employee is treated differently with regard to an employment decision based on his or her membership in a protected category. Employment laws that protect employees in New Jersey include the New Jersey Law Against Discrimination (prohibits employment discrimination based on gender identity, sexual orientation, sex, national origin, domestic partnership status, marital status, disability, creed, color, military service, ancestry, and age), the Conscientious Employee Protection Act, the Pregnancy Discrimination Act, and others. There are also a plethora of federal laws that protect employees, such as the Age Discrimination in Employment Act (ADEA) and Title VII of the Civil Rights Act of 1964. Claims of discrimination may also be pursued in the New Jersey Division on Civil Rights or the Equal Employment Opportunity Commission (EEOC).
An employee is also entitled to complain about employment discrimination and other violations of law, which is also protected activity. Unfortunately, some employers try to punish employees who reveal their wrongdoing, whether this involves reporting discrimination or engaging in whistleblowing about the employer’s wrongdoing. Retaliation occurs when an employer makes an adverse employment decision against an employee based on his or her engaging in protected activity. It may consist of termination, harassment, demotion, reduction in pay, and other actions. Our New Jersey employment attorneys are ready to help employees assert their right to be free from retaliation in the workplace.
Disability is defined differently under federal and state laws. Under these laws, employers should provide reasonable accommodations for employees with disabilities, unless doing so would present an undue hardship to the employer. The federal law that prohibits disability discrimination is the Americans with Disabilities Act (ADA). The New Jersey Law Against Discrimination is the state law that prohibits disability discrimination. If you ask for a reasonable accommodation, your employer should talk to you about your needs through an “interactive process” in order to arrive at an accommodation that makes it possible for you to do your job.
Workplace harassment is unlawful if it is based on a protected characteristic under state or federal law and causes a change in the terms or conditions of your employment or a hostile work environment. Actions that constitute harassment may consist of slurs, jokes, bullying, touching, yelling, screaming, groping, memes, and more.
In New Jersey as in other jurisdictions, most employees are considered to the hired on an “at will” basis. This means that they may be terminated at any time for no reason. Some employers ask employees to sign employment contracts. These outline the terms and conditions of employment. The employment contract may specify that you are not an at-will employee. It may address such items as vacation, sick time, leave time, how long the employment will last, compensation, severance, non-compete agreements, non-solicitation agreements, and restrictive covenants. Our New Jersey employment lawyers can review the terms of your contract and help you enforce your rights under it.
In New Jersey, employees are entitled to the highest applicable minimum wage. If you regularly receive tips, you may be paid a lower minimum wage through a tip credit, as long as you earn enough money in tips to make the minimum wage. If you are a non-exempt employee, you are entitled to time and a half pay if you work over 40 hours in a work week. You can file a wage and hour claim against your employer if you are not paid overtime to which you are entitled, if you are not paid the minimum wage, or if you are not paid for all of the hours you have worked.
Both federal and state laws provide for family and medical leave where the employer employs a minimum of 50 employees. An employee is entitled to take leave under whichever provision (federal or state) is more beneficial to him or her. An employment lawyer in New Jersey can help you assert your right to leave. The federal Family and Medical Leave Act allows eligible employees to take up to 12 weeks off during a 12-month period. The FMLA provides 12 work weeks of leave in a 12-month period for a child’s birth within a year of the birth. It also provides leave if an employee needs to care for an adopted child within a year of their placement, to address a serious health condition, or to care for certain family members with serious medical conditions. Twenty-six work weeks of leave during a year are also permitted for qualifying exigencies arising out of certain family members being covered military members on covered active duty.
Retain a Skillful Employment Lawyer
You depend on your employment, and you hope that your employer abides by the law. Unfortunately, employers sometimes willingly or unknowingly do violate the law, and in most cases, they have more substantial resources than their employees do. Whether you are concerned about workplace harassment or need to file a wage and hour claim, you should retain a skillful employment attorney in New Jersey. Employment law matters may be sensitive, and they can have drastic consequences to an employee’s work and home life. It is important to work with an attorney who is knowledgeable about federal, state, and local laws. Resnick Law Group represents employees throughout the New Jersey/New York metropolitan area. This includes employees in Essex, Bergen, Hudson, Morris, Passaic, Somerset, Union, Middlesex, Mercer, Hunterdon, Warren, Sussex, and Monmouth Counties, as well as in New York City and Westchester and Rockland Counties. Call us at (973) 781-1204 or contact us through our online form.
Attorney Gerald J. Resnick is certified by the Supreme Court of New Jersey as a civil trial attorney. To qualify for certification by the Supreme Court, the attorney must demonstrate an excellent reputation in the legal community and pass a rigorous examination in trial practices. Read more about the requirements of certification.
Gerald Jay Resnick was selected to the Super Lawyers list (2006-2016). The Super Lawyers/Rising Stars lists are issued by Thomson Reuters. A description of the selection methodology can be found at superlawyers.com/about/selection-process/ No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
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