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

With offices in Red Bank, NJ, Marlton, NJ, Newark, NJ, New York, NY, and Philadelphia, PA  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:

• New Jersey Law Against Discrimination (NJLAD)
• Family and Medical Leave Act (FMLA)
• New Jersey Conscientious Employee Protection Act (CEPA)
  • This is also known as the “Whistleblower Act”
• Americans with Disabilities Act (ADA)
• New Jersey State Wage and Hour Law
• Fair Labor Standards Act
• False Claims Act
• New Jersey Equal Pay Act

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 Red Bank, NJ, Marlton, NJ, Newark, NJ, New York, NY, and Philadelphia, PA 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.