Elizabeth is one of New Jersey’s busiest working cities. Thousands of residents work at Port Newark–Elizabeth Marine Terminal, at Newark Liberty International Airport, in the warehouses that surround the port, at Trinitas Regional Medical Center, and in the stores at The Mills at Jersey Gardens. From his office in Moorestown, Attorney Chris Keating represents workers in Elizabeth and throughout Union County in employment law cases, including whistleblower retaliation, unpaid wages, and discrimination at work.
Speaking Up About Safety Violations at Work
Port, airport, and warehouse jobs involve forklifts, heavy cargo, loading docks, and long shifts. When a worker reports a broken lift, missing safety equipment, or a supervisor who ignores federal Occupational Safety and Health Administration (OSHA) rules, the employer may respond by cutting that worker’s hours or firing them.
New Jersey’s whistleblower protection law, the Conscientious Employee Protection Act (CEPA), prohibits an employer from retaliating against an employee who reports, objects to, or refuses to take part in conduct the employee reasonably believes violates the law. That includes workplace safety laws. A CEPA claim generally must be filed within one year of the retaliation. Federal law also offers a separate OSHA whistleblower complaint process, but that complaint generally must be filed within 30 days. Attorney Chris Keating represents OSHA whistleblowers who were punished for reporting safety violations at work.
Unpaid Wages and Overtime at Work
Many Elizabeth workers are paid by the hour, work overnight shifts, or are placed through staffing agencies. Under New Jersey’s Wage and Hour Law and Wage Payment Law, your employer must pay you for every hour you work, on time. Hours over 40 in a workweek must be paid at one and one-half times your regular rate. Common unpaid wage problems include:
- Off-the-clock work before or after a shift
- Required pre-shift meetings or training that go unpaid
- Overtime that goes unpaid because hours are averaged across two weeks or divided between two job sites
- Final paychecks that never arrive after a job ends
New Jersey’s Wage Theft Act allows you to recover the wages you are actually owed, liquidated damages of up to 200 percent of the wages owed, and your attorney’s fees and costs. Workers can generally recover wages going back six years. New Jersey law also protects you from being punished for complaining about your pay, whether you complain to your employer or to the State. If your employer takes action against you within 90 days after you file a minimum wage or overtime complaint with the New Jersey Department of Labor or in court, the law presumes the action was retaliation.
Discrimination and Harassment at Work
Elizabeth’s workforce is among the most diverse in the state. New Jersey’s Law Against Discrimination (NJLAD) prohibits employers from treating you differently at work because of your national origin, ancestry, race, sex, pregnancy, disability, or another protected characteristic. NJLAD applies to employers of every size. Examples include:
- Discrimination in hiring and promotions based on race, national origin, or ancestry
- Harassment by a supervisor
- Being denied a reasonable accommodation for pregnancy or a disability
- Termination or demotion shortly after your employer learns of your protected status or after you complain about discrimination or harassment
If any of this sounds familiar, you should contact a discrimination attorney immediately.
Where an Elizabeth Employment Case Is Filed
Employment lawsuits for Elizabeth workers are often filed in the Superior Court of New Jersey, Law Division, in Union County, which is in Elizabeth. Some claims can also be filed with the New Jersey Division on Civil Rights, generally within 180 days for discrimination complaints. Each option has its own deadlines, and Attorney Chris Keating can identify which path fits your case.
What to Expect When You Contact Keating Law Firm
When you contact Keating Law Firm, you can expect:
- A confidential conversation about what happened to you at work and the documentation you already have in your possession.
- A direct assessment of whether your situation involves a viable discrimination, wage, or whistleblower claim.
- A clear explanation of your filing deadlines, since New Jersey employment claims are subject to strict statutes of limitations.
- Direct representation from Attorney Chris Keating from your first consultation through resolution.
Call Keating Law Firm for a Free and Confidential Consultation
If you were fired, demoted, or shorted on pay after speaking up at work in Elizabeth, you should contact an attorney immediately. If you are still working there, consider talking to an attorney before you resign or sign anything. Deadlines in employment cases can be short, and evidence can disappear quickly.
Call 856-519-5011 or contact Keating Law Firm online today to schedule a free and confidential consultation with Attorney Chris Keating before critical deadlines pass.