Labor & Employment
Keating Law Firm represents employees whose rights were violated by their employers.
For some, this may be in the form of a wrongful termination, constructive discharge, hostile work environment, unlawful retaliation, failure to promote or hire, demotion, or unpaid wages.
To bring an employment claim, we must first identify a right or statutory protection that was violated. Scroll down to review some common violations in New Jersey workplaces.
If you believe your rights have been violated, contact Keating Law Firm for a free consultation.
Anti-Discrimination Laws
New Jersey Law Against Discrimination (LAD): LAD protects workers from unlawful discrimination and retaliation.
The LAD protects employees from unlawful employment actions based on the employee’s race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy), familial status, marital/civil union status, religion, domestic partnership status, affectional or sexual orientation, gender identity and expression, atypical hereditary cellular or blood trait, genetic information, liability for military service, and mental or physical disability (including perceived disability, and AIDS and HIV status). Other relevant state laws may include the Family Leave Act, laws concerning paid sick leave, and common law protections against retaliation for filing a Worker’s Compensation claim.
Keating Law Firm also reviews these employment matters under federal laws that may offer similar rights, protections, and remedies, including the Americans with Disabilities Act, the Family Medical Leave Act, the Pregnant Workers Fairness Act, and Title VII of the Civil Rights Act.
Whistleblower Protection
New Jersey Conscientious Employee Protection Act (CEPA): CEPA is commonly referred to as New Jersey’s whistleblower protection statute.
CEPA protects whistleblowers from unlawful retaliation in response to an employee disclosing, complaining of, or objecting to an activity, policy, or practice that the employee reasonably believes violates a law, rule, regulation, or public policy. The protected activity covered by CEPA includes complaints that are made orally or in writing.
Unpaid Regular and Overtime Wages
New Jersey’s Wage Payment Law (WPL) and Wage and Hour Law (WHL) protect workers who do not receive the minimum wage and overtime rates, and those who do not receive their hard-earned wages on time or in full. These laws also protect employees from retaliation once an employee complains of wage issues or makes a report the State of New Jersey concerning those wage issues. Keating Law Firm also reviews wage matters under their federal counterpart, the Fair Labor Standards Act.
Worker’s Compensation Retaliation
New Jersey law protects workers who are injured on the job and file, or attempt to file, a Worker’s Compensation claim. The law on this is clear: an employer cannot retaliate against an employee simply because the employee requests to file, or files, a Worker’s Compensation claim.
Workplace Safety Violations and Other Claims
The employer-employee relationship and the workplace generally can be complex. There are numerous local, state, and federal laws that protect workers from unlawful retaliation in the workplace. By contacting Keating Law Firm for a consultation, laws, rules, and regulations may be identified that provided you with rights and protections that may have been violated.
For example, the Occupational Safety and Health Act (OSHA) was enacted to assure safe working conditions for workers. If you were retaliated against for reporting unsafe work conditions, you may have a claim.