How to find an employment lawyer

If there comes a time when you need a labor lawyer, you will need a good representation that is fast and efficient. Labor lawyers can help with many problems, such as disability benefits, wage claims and lawsuits for harassment. Due to the sensitive nature of these allegations, you need to find a lawyer who is experienced and effective.

1.      Find an attorney from an online lawyer directory as 800newjerseylawyers.com. You can browse through the attorneys in their specialty and location

2.      Contact your local Chamber of Commerce for a list of local lawyers work. Chamber of Commerce will have the names of lawyers registered with them, so it’s a great way to get in touch with a lawyer qualified and credible. You can find the nearest Chamber of Commerce by looking in your location in the website of the Chamber of Commerce

3.       Remember to contact Legal Aid if you do not have the funds to pay for a labor lawyer. Legal Aid helps people who cannot pay for legal services or who cannot pay very little.

Attorney Resources: If you are facing any issues related to your job and not getting any fair justice in New Jersey, Visit www.consolelaw.com to hire a New Jersey Labor Lawyer. You can also call them at 215-545-7676 for consultation

Posted in Employment Law at March 1st, 2011. No Comments.

Evolving US labor law to protect employee well being

Labor laws in USA are a mixture of both federal and state laws. Federal laws concentrate on the organization of employees in the private sector and federal government employees. Federal laws aren’t however applicable to the state and local governments.

The federal and state laws are much more intermingled in the areas of wages and working conditions. However, federal and state laws are very much similar in nature when dealing with discrimination of employees at workplace. The discrimination is based on genetic information, racial origin, disability of the employees, etc.

Several acts have been passed to regulate the organization and activities of unions. These acts include- National Labor Relations Act, Sherman Antitrust Act, Taft-Hartley Act, Labor Management Reporting and Disclosure Act, Federal Labor Relations Act, etc.

Federal Labor Standards Acts has specified in details minimum wages and overtime rights for most private sector employees. The act was amended in 1974 to cope with the current needs.

Employee Retirement and Employment Security Act controlled the healthcare plans and pension related aspect of an employee. The Occupational Safety and Health Act cam unto force during the reign of President Nixon and the laws controlled the minimum standards for workplace safety.

In case of any type of discriminatory behavior by the employer contact a Labor Attorney New Jersey. A New Jersey resident should make sure that whether the lawsuit is going to be contested in his place of residency or his workplace.

Posted in Employment Law at December 21st, 2010. No Comments.

Understanding the difference between workplace discrimination and harassment

When it becomes difficult to handle a workplace situation, you may think of filing a lawsuit. However, the question is do you know which laws protect you, or which rights of yours were violated. It is best to consider a labor lawyers help before you take any legal action against anyone at the organization.

Many have the misconception that discrimination and harassment are the same legal issues. New Jersey laws outline that any job-related decision taken on grounds like race, color, sex, religion, national origin, and such ‘protected’ traits is discrimination.

Discriminatory practices may pertain to hiring or firing, promotions, privileges, and such others and require to be related to the employment. If you think that your superior or employer’s decision to fire you was prompted by the knowledge of the ‘protected’ traits, you have the right to take them to a New Jersey court on charges of discrimination.

Harassment, on the other hand, has nothing to do with your employment. It is misconduct on the part of the perpetrator. Insults at the workplace, hostile behavior, racist humor, sexual advances, unwarranted physical contact, and such others qualify as instances of workplace harassment.

Whether it is discrimination or harassment, it is illegal and you need to put a stop to it. You need the help of competent NJ labor lawyers to understand which category your case falls in. It becomes easier to determine the category and take legal action subsequently with the aid of a lawyer. Adequate legal representation can also help you seek justice.

Posted in Employment Law at August 27th, 2010. No Comments.

What to do when you face retaliatory action for right conduct

When you report a business malpractice of your supervisor or employer to a higher authority, and face retaliation, you need immediate legal assistance. As per New Jersey Conscientious Employee Protection Act, any retaliatory action against an employee on similar grounds may initiate a civil lawsuit.

Who is a whistleblower? An employee may be termed as a whistleblower in certain circumstances –

a) You threaten to disclose, or disclose, any malpractice of your supervisor/employer to a higher authority

b) You provide information/testimonial regarding a supervisor or employer’s malpractice at an inquiry, investigation or hearing

c) You refuse to be a party to a violation of law, a fraudulent activity, or a violation of a public policy

What consequences are unlawful? You may face retaliatory actions like termination, suspension or demotion from your job. According to the state laws, all these are illegal. Get in touch with an employment lawyer immediately if you face a similar situation.

Do you have whistleblower rights? All employees of New Jersey have these rights. Whether you work in the public sector or the private one, you have protection as per the provisions of this Act.

When do you file a lawsuit? The first thing to do is talk to your supervisor or employer about the matter. However, if you think that this involves a risk, you may choose to file a lawsuit straight away. Consult a New Jersey employment lawyer and provide him/her with the details. He/she is the best person to file the case and approach the issue.

What remedies are on offer? If you can prove that your employer’s actions were retaliatory in nature, you may be able to obtain the following benefits:

  • Reinstatement (with full benefits and seniority rights)
  • Injunction
  • Back pay and benefits
  • Court and attorney’s fees (reasonable)
  • Punitive damages

A competent labor and employment lawyer would be able to help you understand your rights and tackle the issue the right way.

Posted in Employment Law at August 24th, 2010. No Comments.

Understanding discrimination laws and their implications

When you are an employee at an organization, you have to conform to certain rules and regulations. Do you know that you enjoy certain rights as well? These ensure fair treatment of all employees at an organization. It is as per these directives that give you protection from discrimination.

Your employer or superior does not have the right to deny or defer privileges based on grounds like race, color, sex, religion, and such others. A comparatively new addition to this list is sexual orientation. This implies that your sexual orientation does not come into consideration at your workplace.

If you feel that you are a victim of such discrimination, it is best to have a good idea about how and where to complain. Usually, a step in the right direction can help stop the repetition of such a disgusting incident. However, if it doesn’t stop, it is best to contact a discrimination attorney and discuss the matter.

Here is a brief guide to what levels of legal protection you can avail.

  1. Federal government has implemented laws that protect every worker of this sector from discrimination on ground of sexual orientation.

  1. Certain US States like Colorado, Illinois, New York and so on have laws protecting the employers in the public sector only.

  1. The state of New Jersey as well as other US States have put into practice similar laws protecting the public as well as private sector.

  1. Clarify from the discrimination attorney whether your county or city has any such laws.

  1. Is there any mention of an anti-discriminatory policy? Look for this in the employment manual or the official documents.

If you face any sort of discrimination, be sure to file a complaint before the suitable authorities and as soon as possible. You can lodge a complaint at the Equal Employment Opportunity Commission. If this fails to stop the unfair treatment, ask your New Jersey discrimination attorney to file a lawsuit against your employer. Seek advice on what you can claim as compensation for the occurrence as well.

Posted in Employment Law at July 22nd, 2010. No Comments.