- New Jersey Sexual Harassment Lawyer
- New Jersey Retaliation Lawyer
- New Jersey Family and Medical Leave Lawyer
- New Jersey Hostile Work Environment Lawyer
- New Jersey Equal Pay Lawyer
- New Jersey Employment Discrimination Lawyer
- New Jersey Unpaid Overtime or Wages Lawyer
- New Jersey Severance and Separation Lawyer
- New Jersey Whistleblower Retaliation Lawyer
- New Jersey Wrongful Termination Lawyer
- New Jersey Contract Review and Negotiation Attorney
EMPLOYMENT
WHEN YOU HAVE BEEN SUBJECT TO UNFAIR OR DISCRIMINATORY TREATMENT IN THE WORKPLACE
We Handle All Types of Employment Law Matters in Paramus
At the Law Offices of Usmaan Sleemi, our Paramus employment lawyer is a skilled, experienced, and solutions-focused advocate for clients. We represent people and small/mid-sized companies in the full range of employment law issues. If you have any questions about an employment law matter, we are here to help. Contact us today for a confidential consultation with a top-tier Paramus employment law attorney.
An Overview of Employment Law Cases We Handle in Paramus, New Jersey
The Law Offices of Usmaan Sleemi is a boutique employment law firm representing both individual employees and small and mid-sized businesses. We are proud to serve clients throughout Bergen County, including right here in Paramus. Our team provides solutions-focused legal representation. No matter the specific nature of your case, we are prepared to invest time, resources, and attention to detail to ensure that everything is handled the right way. Along with other types of cases, our Paramus employment lawyer has experience with:
- Sexual Harassment: Sexual harassment in the workplace is not acceptable. It comes in many forms, including unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature in the workplace. Sexual harassment creates a hostile/offensive work environment that can undermine an employee’s well-being. Employers have a responsibility to prevent and address sexual harassment. An affected employee may have a claim. If you have any questions about a workplace sexual harassment case, our Paramus employment lawyer is here to help.
- Workplace Discrimination: The New Jersey Law Against Discrimination (LAD) and Title VII of the Civil Rights Act protect workers against discriminatory practices in the workplace. Discrimination occurs when an employee is treated unfavorably due to a protected characteristic. Examples include race, color, religion, sex, national origin, age, disability, or pregnancy. Discrimination can take many forms—from failure to hire to denial of a promotion to unfavorable job assignments to termination. Have questions about a workplace discrimination case? Contact our Paramus employment lawyer today.
- Wage and Hour Claims: Wage and hour laws protect a worker’s right to receive full and fair pay. Employers must comply with all applicable wage and hour regulations—from the Fair Labor Standards Act (FLSA) to New Jersey state law. Wage and hour cases include unpaid wages, failure to pay overtime, minimum wage violations, and misclassification of employees. Notably, the FLSA sets federal standards for minimum wage and overtime pay. New Jersey law offers some additional protections. We handle wage and hour cases in Paramus and throughout Bergen County.
- Wrongful Termination: Wrongful termination refers to an employer illegally firing an employee in violation of federal law, state law, employment contracts, and/or public policy. Some of the most common examples of wrongful termination include discrimination, retaliation, or the refusal to engage in illegal activities. An employee who has been wrongfully discharged may bring a claim to hold an employer accountable.
- Retaliation Claims: An employee in Paramus should not be punished for engaging in a protected activity. Retaliation claims arise when an employer takes adverse action against an employee for engaging in legally protected activities. Some of the most common examples of protected activities include reporting discrimination, complaining about sexual harassment, and cooperating with a state in the investigation into alleged safety violations.
- Severance Agreements: Severance agreements are contracts outlining the terms under which an employee departs from a company. Severance is not guaranteed by New Jersey law. They are negotiated between companies and workers. In exchange for compensation through a severance agreement, an employee will generally be required to waive certain legal rights—such as the right to sue for wrongful termination.
- Contract Negotiation: Contract negotiation involves discussing and finalizing the terms of an employment contract, including salary, benefits, job responsibilities, non-compete clauses, and termination conditions. Our Paramus, NJ employment lawyer has the skills, knowledge, and experience to represent both employers and employees in contract negotiations.
- Whistleblower Cases: There are state and federal laws in place that allow all employees to report/disclose certain information to authorities. Whistleblower laws protect workers against retaliation. Employers generally cannot take any adverse action against an employee because that employee engaged in protected whistleblowing activity.
FILING A CLAIM WITH THE EEOC
An employee must file a charge with the EEOC if he or she is filing a lawsuit in federal court on the basis of discrimination for any of the following distinctions:
- Race
- Color
- Religion
- Sex (includes gender identity, pregnancy, and sexual orientation)
- National origin
- Age (over age 40)
- Disability
- Genetic information
- Retaliation
After filing a charge, the EEOC will open up an investigation. When the investigation is complete, the EEOC will provide the employee with a Notice of Right to Sue. This notice permits an employee to file a lawsuit against his or her employer in state or federal court. After receiving a Notice of Right to Sue, an employee has 90 days to file a lawsuit in court.
Employees who want to file a lawsuit before investigations are complete may request a Notice of Right to Sue. If 180 days have passed since the day a charge was filed, the EEOC is required to provide notice upon request. If an employee requests notice before 180 days have passed, the EEOC will only provide notice if the investigation cannot be completed in 180 days.
EXCEPTIONS TO EEOC REQUIREMENTS
There are two exceptions to the EEOC’s requirement that an employee file a charge before filing a lawsuit in court against an employer. These exceptions are:
- Equal Pay Lawsuits (EPA)
- Age Discrimination Lawsuits (ADEA)
Employees who want to file lawsuits under the Equal Pay Act do not have to file a charge with the EEOC first nor do they need to receive a Notice of Right to Sue before filing. An employee who is filing a lawsuit under the Equal Pay Act directly in court must file within 2 years from the time the pay discrimination took place. A claim can be filed within 3 years if the discrimination was willful. If you are filing under a sex discrimination charge for the payment of wages and benefits, you may file under Title VII in addition to the Equal Pay Act. To file a Title VII claim, you must first file a charge from the EEOC and receive a Notice of Right to Sue before filing a lawsuit.
If you are filing a claim on the basis of age discrimination, you must first file a charge with the EEOC. In these cases, you do not need to receive a Notice of Right to Sue before filing a lawsuit in court. You can file a lawsuit in court after 60 days have passed from the day you filed your charge with the EEOC. Age discrimination lawsuits cannot be filed later than 90 days after you receive notice that the EEOC has concluded their investigation.
Why Trust Paramus Employment Lawyer Usmaan Sleemi
Employment law is complicated. Our founding attorney Usmaan Sleemi has extensive experience representing both employees and employees across a wide range of matters. Personally taught by the General Counsel of the Equal Employment Opportunity Commission (EEOC) under President Reagan, Attorney Sleemi draws on a vast range of knowledge and experience to help clients get the best outcome in the specific situation. Our case results tell the story best. We are proactive. Along with other things, our Paramus employment law attorney is prepared to:
- Hear what you have to say and answer your questions;
- Investigate the care—gathering relevant documents and records;
- Represent you in any employment law settlement negotiations; and
- Develop a comprehensive strategy to protect your rights and your interests.
Contact Our Paramus Employment Lawyer for a Confidential Consultation
At the Law Offices of Usmaan Sleemi, our Paramus employment law attorney is standing by, ready to help you find the best path forward. If you have any questions or concerns about an employment law matter, please do not hesitate to contact us today for a completely confidential, no obligation consultation. We provide solutions-focused employment law representation in Paramus and throughout the surrounding region in Bergen County.
Employment Law in Paramus, NJ: Frequently Asked Questions (FAQs)
What Does it Means that New Jersey is an At-Will Employment State?
New Jersey operates under an at-will employment standard. Unless there is a valid employment contract stating otherwise, the relationship between an employer and employee in our state is fully voluntary. That means that either party—company or worker—can end the relationship for any time and for any reason. Notice is not required by law. However, employers in Paramus cannot terminate employment for illegal reasons such as discrimination or retaliation.
What is the New Jersey Law Against Discrimination (LAD)?
The New Jersey Law Against Discrimination (LAD) is a state statute that prohibits discrimination in employment, housing, and places of public accommodation based on numerous protected characteristics, including race, color, national origin, age, marital status, familial status, sex, gender, and disability status. LAD is the primary anti-discrimination law for employment in New Jersey. Notably, it provides comprehensive coverage. All employers regardless of size are covered by the LAD. A worker subject to discrimination can file a claim through the LAD.
Is Employment Law State Law or Federal Law?
Both. Employment law is governed by both state law and federal law. As a general rule, federal law sets minimum mandatory standards for employment. State law may provide some additional, more comprehensive protection. There are many laws in New Jersey that are more employer-friendly than the federal law. If you have any questions about either state law or federal law, our Paramus employment lawyer is standing by, ready to help.
How is Sexual Harassment Defined?
Under both New Jersey law and federal law, sexual harassment is defined as unwelcome/unwanted conduct of a sexual nature. There are two broad categories of sexual harassment in the workplace:
- Quid pro quo sexual harassment; and
- Hostile work environment sexual harassment.
Quid pro quo sexual harassment is a form of sexual harassment where job benefits are conditioned on sexual favors. For example, a supervisor may unlawfully offer a promotion in exchange for sexual favors. Hostile work environment sexual harassment occurs when the conduct creates an offensive working atmosphere.