McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

(732) 842-6500
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Employment Law

Employment law is an umbrella term that includes a variety of issues in the workplace, including contracts, employment discrimination, sexual harassment, wage and hour issues, and more. At McOmber McOmber & Luber, P.C., we have years of experience providing thorough and knowledgeable representation to both employees and employers in a wide range of employment law matters. We understand the complex and dynamic nature of employment law issues and help our clients understand their rights and options in the disputes they face.

Our New Jersey Employment Law Practice Areas

From our offices in Red Bank, NJ, and Marlton, NJ, McOmber McOmber & Luber, P.C. handles a wide range of employment law matters for our clients, including but not limited to:

  • At-Will Employment Issues. All employees in New Jersey without an employment contract are considered to be “at-will employees.” At-will employees who suffer discrimination or unfair treatment can seek legal action.
  • Class Actions. Class action lawsuits enable injured victims to harness the power of numbers and pool their resources to effectively stand up to large corporations who have wronged them.
  • Defamation, Libel & Slander. If an employer willingly makes false accusations against an employee or former employee that is malicious in nature, they can be held liable for defamation.
  • EEOC Claims. The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing discrimination laws and will take action on behalf of covered employees who believe they have been victims of employment discrimination.
  • Employment Classification. If an employee is misclassified as an independent contractor, it can lead to a number of issues regarding taxes, Social Security, and Medicare.
  • Employment Contracts. Contracts define the working relationship, terms, and conditions between an employer and employee. Breaking the terms of a contract can lead to litigation.
    • Confidentiality and Non-disclosure Agreements. Commonly referred to as a “NDA,” these agreements define an employee’s obligation to protect the confidential information of their employer. If disputes arise, employers can enforce these agreements in court.
    • Executive Agreements. Compensation for executives often is contingent upon the success of the company. Executive contracts address base salary, incentives, benefits, and more.
    • Restrictive Covenants and Non-Compete Agreements. These employment contracts include confidentiality agreements, covenants not-to-compete, and covenants not-to-solicit, among others. Failure to abide by these contracts can lead to litigation.
  • Employment Discrimination. It is illegal to discriminate against anyone in the workplace based on classifications such as race, age, religion, sex, gender identity, national origin, AIDS or HIV status, disability, and more. This discrimination is outlawed by the New Jersey Law Against Discrimination (NJLAD) and can take the form of wrongful termination, failure to hire, harassment, and more.
    • In particular, employers are increasingly being held accountable for Pregnancy Discrimination such as harassment, failure to accommodate medical appointments, pay disparity, or refusal to hire.
  • Equal Pay Act Violations. Paying a woman less than a man for substantially similar work is wrong and unlawful. The New Jersey Equal Pay Act protects against this form of discrimination.
  • Family and Medical Leave Act (FMLA) Violations. The FMLA allows eligible employees to take unpaid leave from employment to deal with personal and family health issues, including pregnancy. Failure to comply is a violation of employee rights.
  • Hostile Work Environment Matters. When harassment by employers or co-workers is based on age, race, gender, or other protected classifications, and becomes severe, the workplace is considered a hostile work environment and the employer can be subject to a lawsuit.
  • New Jersey Division on Civil Rights Matters. The New Jersey Division on Civil Rights (NJ DCR) protects employees from discrimination and is responsible for enforcing the NJ Law Against Discrimination (NJLAD) and the New Jersey Family Leave Act (NJFLA).
  • New Jersey Paid Sick Leave Issues. New Jersey employees are entitled by law to a certain amount of paid sick days, and employers are prohibited from denying them this time.
  • Reduction in Force (RIF) / Mass Layoffs. There are several federal and state laws that protect workers from the devastating consequences of unemployment that comes without notice or warning, including mass layoffs, downsizing, or business closure.
  • Severance Packages. Often, when an employee is terminated from their job, their employer will present them with an agreement that provides compensation in exchange for the employee’s promise not to sue their employer.
  • Sexual Harassment in the Workplace. This can include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. The harassment can occur between two people of any gender, and can be initiated by an employer, co-worker, supervisor, client, or customer.
  • Unemployment Compensation Appeals. If you have been denied unemployment compensation after being terminated from your job, you still have the right to appeal for your entitled benefits under New Jersey employment law.
  • Wage and Hour Issues. This can include a wide range of issues such as failure to pay overtime, disputes over commissions or tips, failure to provide paid sick leave, and more.
  • Whistleblowing & Retaliation. Under the New Jersey Conscientious Employee Protection Act (CEPA), employees are protected from retaliation such as demotion or termination after speaking out about impropriety by their employer.
    • Qui Tam Claims. Under the False Claims Act, an employee with evidence of fraudulent activity against the United States government on the part of their employer can come forward and file a qui tam lawsuit.
  • Work From Home Laws. With businesses struggling with the decision to work from home during the Covid-19 pandemic, or return to the office, it’s important to understand the work from home laws currently in place in New Jersey.
  • Wrongful Termination. While termination is not illegal, employees who are members of a protected class or who engage in protected conduct cannot be fired on the basis of those attributes and actions. Employers who violate these rules can be held accountable.

Representation for Employees – Do I Have a Legal Case Against My Employer?

Far too often, employers lack familiarity with their legal obligations to their employees. In some cases, employers ignore these obligations altogether, forcing employees to stand up for their rights. As an employee, you are protected by a number of New Jersey and federal employment laws, including:

If your employer is ignoring your rights and you believe that you have a claim, our New Jersey employment lawyers will evaluate your case and provide a clear understanding of your legal options and alternatives. We are highly successful in a wide range of employment law matters and regarded throughout the state for our tenacious representation, even against large corporations and staunch opponents.

Employment Law Guidance And Representation For Employers Throughout New Jersey

For employers, the key to successfully resolving employment-related issues is by taking proactive measures to prevent, investigate, address, and defend possible claims. Since 1974, our employment lawyers have provided invaluable legal guidance to employers in issues of employment law. Whether an employer is seeking to establish handbook policies or is facing an employment law dispute, our skilled attorneys are poised to assist.

We defend employers facing all types of claims, including but not limited to:

  • Employment agreements and enforcement
  • Restrictive covenants
  • Wage and hour matters
  • Employment discrimination
  • Sexual harassment and retaliation

Our employment attorneys will not only protect your interests in the claim but also provide knowledgeable counsel to create policies that will mitigate the risk of future claims.

An Experienced NJ Employment Lawyer Can Help You

Employment law matters are complicated, and any issues that arise can have long standing effects on your business or career. Whether you are an employer defending against a claim, an employee who has been subjected to discrimination, or need legal assistance with everyday workplace issues such as contracts or severance packages, our employment attorneys in Marlton and Red Bank can help you. We will provide you with a clear and thorough evaluation of your case, as well as all legal options and recourse available to you.

Employment Law FAQs

  • Is my employer required to give me a severance package?

    New Jersey law does not require severance packages, but some employers offer them in the context of separation agreements; always ask a lawyer before signing a separation agreement.

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  • Can I File for Unemployment if I Am on Strike?

    In New Jersey, workers involved in labor disputes may have the option to file for unemployment. This legislation allows striking workers to collect these benefits if their employer breaks the stipulations outlined in their employment contract or collective bargaining agreement. Additionally, employees could be entitled even if the disagreement is not related to their company’s refusal to follow the employment contract’s terms. There is a mandatory 30-day waiting period for filing claims.

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  • What Are Discriminatory Interview Questions?

    Employers who ask questions during interviews that would reveal information pertaining to protected characteristics without having a job-related basis, and then use that information to make their decision, are violating state and federal discrimination laws. Sometimes inappropriate questions are easy to recognize such as, “How old are you?”, while others are less obvious. For more information on discriminatory interview questions, click here.

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  • Can I Get Fired for Discussing Politics on Social Media?

    Yes. New Jersey is an at-will employment state which means a private employer can terminate you for any reason or no reason at all.  Therefore, if an employer concludes that your speech is causing other employees to feel uncomfortable or is harming or interfering with its business, you could be disciplined or terminated. This extends to posting on social media, wearing political clothing, pins, masks, etc.  Make sure to read your employee handbook to find out what conduct violates your workplace rules.

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  • What Are the Reasons My Unemployment Get Denied?

    If the DOL finds that an employee quit without good cause, that employee will not be eligible for unemployment benefits. Good cause is generally established by showing that the employee’s reason for quitting justifies the applicant’s unemployment status. Applicants who left voluntarily due to domestic violence, military spouse relocation or an unhealthy work environment will generally be considered to have quit with good cause.

    Employees who were fired for misconduct such as insubordination, excessive absenteeism or coming to work under the influence of drugs or alcohol will not be eligible to receive unemployment benefits.

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  • What Is a Tip?

    A tip is any money a customer voluntarily pays beyond the amount charged for products or services plus tax. Some employers, such as restaurants, add a mandatory service charge to bills for large parties or catered events. This designated service charge allows employers to keep the extra amount paid even if the customer thinks that by paying it, he or she is leaving a tip for an employee.

  • Is Getting Fired Over Email a Form of Wrongful Termation?

    In the many states with at-will employment laws, employers are generally within their rights to fire a worker at any time, in any manner – including letter, phone call, or e-mail, provided the firing is not discriminatory or based on a person’s protected class status.

  • Can I Apply for Paternity Leave in NJ?

    Yes. In 2009, New Jersey became the third state in the country to pass a law for paid family leave. Many mothers consider taking a leave from their jobs for the birth of a child, but fathers should know that they are also eligible to take paternity leave.

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  • What Is the NJ WARN Act?

    The New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act (NJ WARN) expands part of the Federal WARN Act by requiring notice even when the employment losses result from a sale of a business.

    The NJ WARN Act also contains strict provisions with respect to job transfer circumstances and penalties for employers violating the Act.

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  • What Are the Cons of Arbitration?

    Arbitration is extremely expensive. As is clear from the name, arbitration is also arbitrary. Lastly, arbitration can often be inconvenient as well.

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Office Locations

Red Bank Office

Marlton Office

Newark Office

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