Protecting the Rights
of Employees
of Employees
Employment Law
Representing Employees Throughout New Jersey
If you believe your employer has treated you unlawfully, a Bergen County employment lawyer at Rabner Baumgart Ben-Asher & Nirenberg, P.C. can review what happened and explain the options available to you. Our firm represents employees in workplace disputes across New Jersey.
Our work includes claims involving discrimination, harassment, retaliation against whistleblowers, unpaid wages, commission and overtime, denied family or medical leave, wrongful termination, and severance and other employment contracts. When something at work does not seem right, the first step usually is to understand whether the law protects you and what facts matter most. To learn more about your rights and what you can do to protect them, give Rabner Baumgart Ben-Asher & Nirenberg a call today.
What You Need to Know About NJ Employment Law
No contract required: New Jersey protects employees against discrimination, harassment, retaliation, unpaid wages, and denied leave, whether you work “at will” or under a written agreement.
Strong state protections: The New Jersey Law Against Discrimination and the Conscientious Employee Protection Act often reach further than federal law and apply to most employers regardless of size.
Timing matters: Claims have filing deadlines, and signing a severance agreement can waive your rights before you realize you have them, so it helps to get advice early.
Employees only: From our Montvale office in Bergen County, we look at what happened, what you can prove, and the options you have, for workers across New Jersey.
You can reach a Bergen County employment lawyer at Rabner Baumgart Ben-Asher & Nirenberg, P.C. at (201) 777-2250.
From our Montvale office in Bergen County, we represent employees across New Jersey. New Jersey law protects workers in a wide range of situations. Many of those protections apply regardless of whether you have a written contract. Whether you have a viable claim depends on the facts, such as what your employer did, why it happened, and what you are able to prove. Our attorneys have represented thousands of employees, including executives and professionals, in negotiation, mediation, arbitration, and litigation in state and federal court.
On this page:
Employment Discrimination
Retaliation and Whistleblower Protection
Workplace Harassment
Employment Contracts and Severance
Family and Medical Leave
Adverse Employment Actions
Wage and Hour Disputes
Restrictive Covenants
Other Workplace Claims
What New Jersey Employment Law Protects
Employment law sets limits on how employers may treat the people who work for them. It prohibits discrimination and harassment based on protected characteristics, forbids retaliation against workers who report or oppose unlawful conduct, requires employers to pay the wages and overtime that are owed, and gives eligible workers the right to take certain medical and family leaves. It also governs the contracts employees are asked to sign, from offer letters to severance and non-compete agreements.
Violations often become evident quietly, through a sudden negative performance review, a shifting explanation for a termination, or a paycheck that does not reflect the hours actually worked. Recognizing those patterns early often can be the difference between enforcing a legal claim and losing it to a missed deadline.
The sections below describe many kinds of matters our New Jersey employment lawyers handle.
Employment Discrimination
We represent employees in claims involving unlawful discrimination based on age, disability, sex or gender, gender identity, pregnancy, race, color, national origin, religion, sexual orientation, marital status, and military or veteran status. Many of these claims arise under the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1, et seq. (NJLAD), one of the principal statutes that protect workers in this state. Discrimination can take the form of a firing, a demotion, a failure to hire or promote, unequal pay, or different treatment in the day-to-day terms and conditions of a job.
Retaliation and Whistleblower Protection
It is unlawful for an employer to punish you for asserting your rights or for reporting conduct you reasonably believe is illegal. We represent employees who were fired, demoted, harassed, or otherwise targeted after blowing the whistle or opposing discrimination, including claims under New Jersey’s Conscientious Employee Protection Act, N.J.S.A. § 34:19-1, et seq. (CEPA); claims of retaliation for objecting to discrimination; and workers’ compensation retaliation claims.
Workplace Harassment and Hostile Work Environments
Harassment generally becomes unlawful when it is based on a legally-protected characteristic and is severe or pervasive enough to alter the conditions of your employment. We handle claims involving sexual harassment, racial harassment, and harassment based on age, disability, national origin, pregnancy, religion, sexual orientation, and military or veteran status, as well as harassment directed at employees who objected to, disclosed or refused to participate in something they reasonably believe violates the law, was fraudulent, or violated a clear mandate of public policy.
Employment Contracts and Severance Agreements
We review, draft, and negotiate employment agreements, and represent employees in breach of contract disputes. This includes severance agreements, executive compensation, offer letters, and employee handbooks. A severance agreement in particular deserves a careful review before you sign it, because it usually asks you to give up legal claims and other rights in exchange for a payment, and its terms often are negotiable.
Family and Medical Leave
Eligible employees have the right to take leave for their own serious health condition, to care for a family member who has a serious health condition, or to bond with a new child. We represent workers under the federal Family and Medical Leave Act, the New Jersey Family Leave Act and other laws, including employees who were denied leave they were entitled to take and those who lost their jobs or were otherwise punished for taking one.
Adverse Employment Actions
Not every negative decision at work is unlawful, but some are. We handle matters involving wrongful termination, constructive discharge, unfair discipline, failure to hire, failure to promote, and demotions. We also represent employees placed on performance improvement plans, which often are used to build a paper record ahead of a termination rather than to genuinely help an employee improve.
Wage and Hour Disputes
Employers are required to pay employees the wages they earned, and for employees who qualify for it, overtime pay. We represent workers in disputes over unpaid wages including unpaid commissions, unpaid overtime, minimum wage and equal pay.
Restrictive Covenants and Non-Compete Agreements
Many employees are asked to sign non-compete, non-solicitation, confidentiality, or trade secret agreements, sometimes without fully realizing what they are agreeing to. Whether such an agreement can be enforced against you depends on the facts, including whether it is reasonable in duration, geographic reach, and scope, and whether it protects a legitimate business interest of the employer rather than simply preventing ordinary competition. We advise and represent employees with respect to these agreements.
Other Workplace Claims
We also represent employees in a range of other matters, including mass layoffs and reductions in force; claims under the New Jersey WARN Act; and requests for reasonable accommodations for disability, pregnancy, and religious practice; and shareholder oppression claims brought by employee owners.
What to Do If You Believe Your Rights Were Violated
If you think your employer has crossed a legal line, a few steps may help protect your position while you decide how to proceed:
- Write down what happened, including dates, the people involved, and what was said, while the details are still fresh.
- Save relevant emails, text messages, performance reviews, and other documents, ideally somewhere other than a work account you could lose access to, but without taking anything you are not entitled to have or keep.
- Do not sign a severance agreement or release without having it reviewed first, because signing can waive claims you did not know you had.
- Pay attention to timing, because many employment claims have filing deadlines, and waiting too long can end a claim before it begins.
Whether internal reporting makes sense depends on your circumstances, and it is worth discussing before you act. None of this replaces advice about your specific facts, which is what a consultation is for.
Common Questions About New Jersey Employment Claims
How long do I have to file an employment claim in New Jersey?
It depends on the type of claim. Discrimination and retaliation claims under the New Jersey Law Against Discrimination generally must be filed within two years, while retaliation claims under the Conscientious Employee Protection Act must be filed within two years. Other claims can run on different timelines. Because a missed deadline can end a claim before it is heard, it is worth confirming the deadline that applies to your situation as early as possible.
Should I sign a severance agreement before speaking with a lawyer?
It usually is wise to have a severance agreement reviewed before you sign it, because signing typically means giving up legal rights and claims in exchange for the payment offered. The terms often are negotiable, and a review can show what you may be giving up and whether the offer fits your circumstances.
Do I need a written contract to have an employment claim in New Jersey?
No. Many workplace protections apply whether or not you have a written contract and whether or not you are an employee at will. Claims involving discrimination, harassment, retaliation, and unpaid wages, among others, do not depend on having an employment contract.
Can my employer fire me for reporting discrimination or harassment?
New Jersey law prohibits an employer from retaliating against you for reporting or opposing discrimination or harassment, or for taking part in an investigation. Depending on the facts, if you were fired, demoted, or otherwise punished soon after you raised such a concern, then that timing could be evidence of retaliation.
How a Bergen County Employment Lawyer at Our Firm Can Help
Our attorneys have represented thousands of New Jersey employees and have recovered millions of dollars for our clients. We have decades of experience in state and federal trial and appellate courts, up to and including the United States Supreme Court. We advise workers on how to avoid disputes where possible, and represent them through negotiation, mediation, arbitration, and litigation when appropriate.
If you believe your workplace rights have been violated, a Bergen County employment lawyer at Rabner Baumgart Ben-Asher & Nirenberg, P.C. can review the facts, explain your options, and help you decide on the next step. You can call (201) 777-2250 to arrange a consultation.
We also invite you to sign up for our free employment law e-newsletter, or to read the answers to Frequently Asked Questions (“FAQ”) about employment law.