Rights of Employees
Counseling Employees About Workplace Issues
Our New Jersey employment lawyers are perhaps best known for representing employees who have discrimination, harassment, retaliation, and other similar legal claims. But that’s not all we do. Rather, a substantial portion of our work involves helping employees handle workplace problems before they develop into legal disputes. For example, we:
- Assist clients who are drafting or negotiating employment contracts;
- Provide advice to workers who are experiencing workplace harassment;
- Evaluate non-compete agreements, both before and after they have been signed; and
- Provide individuals with guidance to deal with unfair, but not necessarily illegal, treatment by their supervisors
In each situation, our goal is to improve a difficult situation before it develops into a full-blown legal problem while minimizing any harm to your life and career.Helping Clients Negotiate Employment Agreements
Often, having a New Jersey employment law attorney negotiate your employment contract directly with your employer is not in your best interests. Whether you are about to start a job with a new company, or have just been promoted, it might not be a good idea for your employer to know you have hired a lawyer. However, that does not mean you should not receive the benefit of expert legal advice.
Our firm often provides our clients advice about how to negotiate. For example, we coach clients on the right approach and tone to use during contract negotiations, help them determine what they should request during the negotiations, and identify legal issues and other problems in the agreements proposed by their employers. Of course, when appropriate we also can directly negotiate with your employer.
We are experienced at providing behind-the-scenes advice not just about employment contracts, but also severance agreements, as well as restrictive covenants such as non-compete agreements and non-solicitation provisions.Guidance During Workplace Investigations
Our New Jersey employment lawyers also assist individuals during workplace investigations. For instance, we advise employees who plan to file internal complaints about harassment or other violations of law or company policy. We also can help you decide whether it is in your best interests to make an internal complaint in the first place, and discuss the most effective way to maximize the likelihood your employer will give your concerns the attention they deserve. Similarly, we can help you take steps to minimize the chances that you will experience retaliation because you voiced your objection.
Alternatively, if you have been accused of harassment or another form of misconduct at your job, we can help you prepare to be interviewed, and give you guidance on the best way to participate in the investigation. In some instances, we might even be able to attend your interview with you to make sure you are treated fairly and in accordance with any applicable legal requirements or policies of your employer.Handling Difficult and Unfair Bosses
While anti-harassment laws provide legal protection against bosses who harass their employees based on a legally-protected category, in New Jersey or New York there is not necessarily any legal protection against workplace bullies. Likewise, while favoritism, nepotism and cronyism do not necessarily violate the law, they are unfair and can damage your career.
Similarly, while sometimes employees receive unfair performance reviews, or are placed on an unwarranted Performance Improvement Plan ("PIP") or other corrective action for unlawful reasons, not every unfair assessment or baseless criticism of an employee's work is legally actionable.
At Rabner Baumgart Ben-Asher & Nirenberg, P.C., another way we help employees handle workplace problems is to use our knowledge and experience to figure out the best strategy to deal with a difficult boss or coworker, or an unfair performance review or PIP, and to try to minimize the harm they can cause you, both personally and professionally.
In fact, when appropriate, we can try to negotiate a severance agreement or separation package to get you out of a bad situation before it gets even worse.
If you need help or advice about dealing with a difficult issue or problem at work in New Jersey or New York, we welcome you to contact us online, or to call us at (201) 777-2250 to schedule a consultation.