When Is Getting Fired Illegal? Insight From A NJ Wrongful Termination Attorney

Fired frustrated man in suit sitting at stairs in office.

Losing your job is always traumatic, but being fired for no good reason is especially devastating. There’s no excuse for employers who let their workers go under these circumstance, which is where wrongful discharge/wrongful termination laws are important. With the help of a leading NJ wrongful termination attorney, you can fight back.

Unfair termination doesn’t always mean wrongful termination 

Common scenarios for unfair termination include long-term employees being fired because their salaries have increased to a level that the company no longer wants to pay, or because office politics have caused an employee to become a scapegoat for certain issues. Unfortunately, these types of circumstances often aren’t illegal because New Jersey is an “employment at will” state. This means that your employer can fire you at any time without reason unless you have an employment contract, a legal entitlement to your job (for example, being tenured), or a group employment contract (like a Collective Bargaining Agreement).

This means that, essentially, your employer can fire you for any reason as long as it was not based on unlawful discrimination or retaliation against a whistleblower.

What can make my firing illegal? 

However, there are New Jersey employment laws that can assist you, including the New Jersey Law Against Discrimination, the Family and Medical Leave Act, and Title VII of the Civil Rights Act of 1964. The key here is that the reason needs to be covered by unlawful discrimination. This can be in the form of discrimination against race, religion, nationality, age, disability, sexual orientation, or gender. It is also illegal to fire someone for taking medical or family leave, being pregnant or because they were unwilling to accommodate your disability. You are also covered if you were fired for raising concerns about workplace safety issues or illegal activities in the workplace.

Fighting wrongful termination is a complex process – Get the right legal support from your lawyer 

Employment attorneys know exactly how this legal system works, their requirements and what it takes to win a wrongful termination case. With the help of the right employment lawyer, you can get the compensation you deserve – whether you want your job back, compensation for harm or legal fees, or back pay and benefits that you are entitled to.

Fighting a wrongful termination is a tough battle, and you deserve to have expert support. Dennis Calo is an NJ employment attorney and will be at your side each step of the way to navigate the legal system, deal with relevant agencies and protect your future.

The consultation is free, contact New Jersey employment lawyer Dennis Calo now.

Original content posted on http://www.criminaldefense-nj.com/blog/when-is-getting-fired-illegal-insight-from-a-nj-wrongful-termination-attorney/

Recognizing Racial Discrimination in the Workplace

In the State of New Jersey, racial discrimination in the workplace is prevented by employment laws – but that doesn’t mean it doesn’t happen. From unfair hiring and firing practices to harassment and unequal salaries or promotions, racial discrimination at work is real for many people who are simply trying to work hard and live the American dream. Unfortunately, this type of discrimination is difficult to prove and fighting it may provoke backlash from employers – which is why it is essential to have an experienced NJ employment lawyer on your side.

How to prove discrimination on the job 

Like many other forms of discrimination, racial discrimination is difficult to prove. In order to demonstrate that your employer consciously made a choice to overlook or single you out because of your race, you need particular evidence. This may include:

  • Statistics that demonstrate a pattern of negative behavior against you and your racial group.
  • Testimony from someone who has witnessed this discrimination themselves.
  • Documentation that corroborates your claims. This may include complaints filed at the company’s Human Resources Department, etc.

Before you can file a suit against your employer, you need to file a Charge of Discrimination with the EEOC (Equal Employment Opportunity Commission) within 180 days of the discriminatory event, along with information about the company and a brief description of your claims.

Fight for your workplace rights – Speak to a leading NJ employment lawyer today 

Employment attorneys know exactly how these legal systems work, their requirements and what it takes to win a case. With the help of the right employment lawyer, you can get the compensation you deserve – whether you want your job back, compensation for harm or legal fees, or back pay and benefits that you are entitled to.

Fighting racial discrimination in the workplace is a tough battle, and you deserve to have expert support. Dennis Calo is NJ employment lawyer will be at your side each step of the way to navigate the legal system, deal with relevant agencies and protect your future.

The consultation is free, contact New Jersey employment lawyer Dennis Calo now.

Original content posted on http://www.criminaldefense-nj.com/blog/recognizing-racial-discrimination-in-the-workplace/

Who should hire a NJ employment attorney?

The workplace can be a tough environment, whether you’re working the retail floor, taking extra shifts at a restaurant or climbing the corporate ladder. However, some employers take advantage of their power to make this environment openly hostile – and this is when you need to get the help of a leading New Jersey employment lawyer. Here are just some of the situations in which our legal services can help protect your rights:

  • Unlawful termination: Also known as wrongful termination, this is one of the most common issues dealt with by employment lawyers. Unfortunately, New Jersey employment law allows employers to fire employees for many reasons that are unfair but not illegal, like favoritism, office politics or being blamed for the mistakes of others. However, there are some instances in which your firing can be found to be illegal, like race, gender or age, and your attorney can evaluate your case to discover if you qualify.
  • Gender, religious or race discrimination: In the State of New Jersey, it is illegal for employers to discriminate on the basis of, amongst other things, gender, religion or race. This can apply to the employers hiring and promotion of employees as well as retrenchments and firing. Your attorney can assist you by filing a discrimination claim with the New Jersey Division on Civil Rights (DCR) and aggressively pursuing your case to its resolution, including representing you in mediation and in court.
  • Salary discrimination/Equal pay complaints: While it is legal for companies to vary pay based on experience and qualifications, it is illegal for them to do so on the basis of race, gender, disability or any other protected legal category. It is also illegal for them to offer smaller bonuses or lower commissions on this basis.
  • Severance & separation agreements: If you are facing a layoff, your employment attorney is available to look over your agreement and ensure that there is no evidence of illegal discrimination contained in your severance agreement or payment. For example, it is important that your termination itself isn’t unlawful, and that the terms and conditions do not infringe on your rights and ability to get a new job.

Protect your Rights Through Expert Legal Representation – Speak to an Employment Attorney Today 

As a former prosecutor, Dennis Calo offers over 40 years of experience and insight into both sides of the legal system in order to protect the rights of his clients and deliver an aggressive defense against employment discrimination.

Protecting your rights as an employee is a priority, which is why we offer free case evaluations if you think you’ve been discriminated against by your employer. Contact us today.

Original content posted on http://www.criminaldefense-nj.com/blog/who-should-hire-a-nj-employment-attorney/

A Guide to New Jersey’s Employment Laws

Whether you’re working for a large corporation, a small family business or multiple jobs at different companies, it’s important to know what your rights are as an employee – and when they’re being violated. This means understanding New Jersey employment laws, including minimum wage laws, the right to unionize and laws against workplace discrimination. Here’s a brief guide to New Jersey employment laws from a leading NJ employment lawyer.

Civil Rights Laws: These laws, as applied in the workplace, prohibit an employer from discriminating against an employee in any job-related action. So employers cannot discriminate on a basis of race, creed, color, national origin, nationality, age, sex, orientation, gender identity or disability when recruiting, hiring, interviewing, promoting, or distributing perks in the workplace. These laws also cover sexual harassment in the workplace and wrongful termination.

Right to Work Laws: Under these laws, employers are limited in their ability to give preference to unionized or non-unionized applicants when hiring for a position.

Whistleblower Laws: These laws protect whistleblowers from retaliation from employers as a direct result of their whistleblowing, including being fired. If you have noticed illegal activity or unsafe conditions at the company you work for and decide to do the right thing by reporting it, the law needs to protect you for doing what’s right, so ask your attorney about whistleblower protection today.

Wage and Hour Laws: Here you will find laws that determine minimum state wages, overtime pay rules and regulations, and break requirements.

Protect your rights as an employee with a leading NJ employment defense attorney

In these tough economic times, it’s more important than ever that businesses are held accountable for breaking employment laws, and that the rights of employees and their reputations are properly protected.

As a former prosecutor, Dennis Calo offers over 40 years of experience and insight into both sides of the legal system in order to protect the rights of his clients and their reputations, and deliver an aggressive defense.

For employment discrimination, whistleblower protection and wrongful termination cases the consultation is free, contact NJ employment attorney Dennis Calo now.

Original content posted on http://www.criminaldefense-nj.com/blog/a-guide-to-new-jerseys-employment-laws/?preview_id=573&preview_nonce=052baf6d91&_thumbnail_id=556&preview=true

Is Your NJ Employer Cheating You Out of Overtime?

Every day in New Jersey, countless workers are left without compensation for their overtime work. Some fail to seek an employment lawyer in New Jersey because they are unaware of this loss. Many others know they are willfully being cheated but are unsure how to prove and resolve the situation.

How do employers commonly skirt overtime laws?

  • Failing to provide break time, but still deducting it from hours worked.
  • Excluding common tasks like closing down or cleaning up work areas.
  • Requiring employees to sign (illegal) agreements waiving their rights to overtime pay.
  • Inventing fictional workers to account for hours works beyond the standard 40.
  • And many other creative and innovative schemes.

In what industries is this issue most common?
An employment lawyer in New Jersey is most likely to see overtime violations in workplaces where hours can be easily extended based on customer count, such as the restaurant and hotel industries. In many instances, a large group of workers are subject to the same illegal practices.

Repeat offenders
Despite fines of up to $1,000 per incidence for failure to pay proper overtime wages, countless businesses still continue with these deceitful practices. Some of the most recent offenders may surprise you:

  • Amazon
    Amazon is facing numerous complaints for requiring workers to participate in tedious and time-consuming anti-theft and security procedures – but not paying workers for this on-site time following shifts.
  • Subway
    Subway has faced numerous claims of unpaid wages and overtime. It has been tied to over 17,000 violations of wage and hour laws since 2000. As a franchise, with each location operating as its own entity, these violations occurred without the Department of Labor being able to fine the corporate office – or find it a repeat violator.
  • Chipotle
    Chipotle workers nationwide have recently filed a class-action lawsuit against the company, alleging they were required to work off-clock hours without pay. One former manager reported she was told to clock-out and work without pay to meet budget goals – and require her subordinates to do the same.

Convinced your employer is regularly cheating you out of overtime pay? Attorney Dennis Calo is an employment lawyer in New Jersey who can help you recoup the wages you deserve. Contact ustoday.

Original content posted on http://www.criminaldefense-nj.com/blog/is-your-nj-employer-cheating-you-out-of-overtime/