Retaliation in the workplace occurs when an employer takes adverse action against an employee because they participated in a protected activity. An example of a protected activity is whistleblowing an illegal action at work. Retaliation can negatively impact a person’s life and career and can be difficult to prove without a skilled employment lawyer. According to the U.S. Equal Employment Opportunity Commission (EEOC), retaliation is one of the most commonly reported issue in the workplace, particularly amongst employees in the[…] Read More
Category: Retaliation or Discrimination
What Is a Qui Tam Lawsuit?
A qui tam lawsuit allows individuals to sue on behalf of the United States to recover money that was fraudulently obtained by a person or corporation. Under the federal False Claims Act, liability is put on the people and companies who defraud the government. Individuals who file qui tam complaints are referred to as “whistleblowers.” Qui tam lawsuits are filed “under seal,” which means they are kept confidential so only the government is aware of the claim. The person or entity[…] Read More
What Should I Do if My Employer Is Not Paying Me Minimum Wage?
The minimum wage in New Jersey is currently $13 per hour and will increase to $14.13 on Jan. 1, 2023. By law, employers are required to pay non-salaried employees at least minimum wage for certain job positions, and you have legal rights to receive minimum wage and to be paid for all time worked. Employers cannot skirt the law by demanding employees to work during unpaid times, such as breaks or lunch, adjust pay rates based on performance, or consider[…] Read More
How Is Workplace Discrimination Proven?
In New Jersey, workers have both state and federal laws that provide them protections against workplace discrimination. The New Jersey Law Against Discrimination (NJLAD) makes it illegal for employers to base decisions regarding a person’s employment, including hiring, firing, promotions, pay, etc., on their race, gender, age, religion, national origin, and other protected characteristics. If you think you have experienced discrimination at work and want to file a lawsuit, it must be proven that your employer treated you unfairly using[…] Read More
Does Sexual Harassment Have to Be Sexual in Nature?
Even though significant strides have been made to prevent workplace sexual harassment, it is still an ongoing problem. Those who experience this kind of mistreatment and abuse are often afraid of losing their jobs and feel powerless to stop what is going on. The law protects individuals from sexual harassment, and you might be surprised to see what behaviors actually fall into this category. Title VII of the Civil Rights Act of 1964 prohibits sexual harassment and applies to companies[…] Read More