Employment Law - Employee and Employer

Employment law covers a complex network of laws that controls how employers must treat employees, former employees, and applicants for employment. The employment law attorneys at Markowitz Gravelle, LLP have significant experience in interpreting and construing state and federal statutes and case law, and representing employees, in such areas as:

• Employment discrimination
• Affirmative action
• Sexual harassment
• Whistleblower litigation
• Wrongful discharge
• Employment contracts
• Title VII
• Civil rights Act of 1964
• Americans With Disabilities Act
• Family Medical Leave Act
• Worker Adjustment & Retraining Notification Act
• Federal Employer’s Liability Act
• Occupational Safety & Health Act
• Laws governing municipal employment.

Since the Civil Rights Movement of the 1960s, the federal government has enacted many laws that bar an employer from discriminating against employees on almost any basis accept the quality of an employee’s work or the nature of an employee’s personality.

The best known such law, Title VII, prohibits any employer with fifteen or more employees from discriminating on the basis of race, national origin, gender, or religion. It is illegal under Title VII for an employer to refuse to hire, discipline, fire, deny training or promotion, pay less, or harass an employee based upon his or her membership in a class protected by Title VII. The New Jersey Law Against Discrimination (“LAD”) is even more far-reaching in many aspects. The LAD has no minimum employee requirement and applies to all employers within the State.

Employees who are discriminated against are entitled to damages that will restore them to the economic positions they would have occupied but for the unlawful conduct of their employer. These damages include back pay, future pay and the value of lost employment benefits. State and federal laws prohibit an employer from taking any adverse employment action - including discharge, lack of promotion and unequal pay - because of an employee's race, color, sex, age, national origin, religion, disability, pregnancy and, in certain situations and jurisdictions, (e.g., New Jersey), sexual orientation. Such adverse actions are also prohibited against employees who speak out against perceived illegal actions by employers. Congress has also authorized compensation for emotional pain; mental anguish; loss of enjoyment of life; inconvenience and other non-economic losses up to certain statutory limits. In some cases, punitive damages can also be awarded.

As employment law lawyers, we represent employees who have been discriminated against because of age, race, gender, national origin, pregnancy, disability or perceived disability and sexual orientation, as well as people fired because of a criminal conviction or because they spoke out against their employer. We represent federal employees in discrimination cases filed against the government.

We also counsel employers on the ramifications of these laws that will control the difficult decisions about hiring, firing, and general personnel management. We defend employers who find themselves accused of wrongful adverse employment actions.

Our firm uses its business and litigation experience to assist clients in avoiding litigation by reviewing employment policies, and developing employment guidelines, employee handbooks, and training manuals that comply with existing law. Firm attorneys also educate clients on new developments in employment law, enabling clients to avoid the trouble spots presented by the ever-changing realm of employment law.

If you have been the victim of discrimination at work, contact our employment law attorneys today.