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Employment Litigation

Employment litigation is a situation in which an employee sues an employer because of an employment-related issue. It encompasses many issues including workplace discrimination, violation of workplace safety, pay, overtime work and other situations. Take your stand against unfair employers by reading up about employment litigation.

Understanding Employment Litigation

Over the past few years, there has been a steadily increasing number of employment litigation lawsuits in the United States. More than ever before, employees are facing greater challenges in the workplace. Employment litigation covers many types of claims.

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Why Should You Hire Attorneys For Employment Litigation?

If you do believe that you are unfairly treated at your workplace, you should take the necessary legal actions to be compensated for your employer’s actions. Schedule a consultation with an attorney today to see what they can do to help with your situation.

Common FAQs About Employment Litigation

What to expect in an employment litigation lawsuit?

First off, we would have to determine if there is sufficient evidence to suggest any wrongdoings by your employer. We would have to ascertain the consequences of the employment litigation.

Secondly, a demand letter would be made to your employer. This letter would outline the charges made against them and demands for the issue to be resolved. Once this issue has been resolved, we will work on your behalf to negotiate a settlement.

If unresolved, the subsequent step to take is to file your complaint. Once the complaint has been filed, your employer has up to 35 days to answer your complaint before discovery begins. Discovery can include interviews, documents and depositions that would help aid in the trial. Be prepared for thorough questioning from your attorney and the defense lawyers during the discovery process and resulting trial.

What are the common types of employment litigation?

Some common issues that constitute as employment litigation include unpaid salary, discrimination, wrongful termination and hostile work environment.

What type of evidence could be used against your employer?

Direct and circumstantial evidence would be used against your employer. This may come in the form of interview statements, invoices and documents.

What is the statute of limitation for employment litigation?

Under the New Jersey Law Against Discrimination (NJLAD), claims involving harassment and discrimination have to be made within two years of the qualifying event. For hostile work environments, the claim has to be made within two years of the qualifying event as well. For whistleblower claims made under the Conscientious Employee Protection Act (CEPA), these claims have to be made within a year since the incident has happened.

What is the difference between the federal law and state law?

State law, such as NJLAD and CEPA, is catered towards New Jersey’s residents. These laws encompass greater coverage for residents as compared to federal legislation.

Areas of Expertise

In representing both small businesses and employees, our philosophy is to provide employers with the necessary information and training to ensure a safe and productive workplace. In regard to employees whether dealing with discrimination, sexual harassment, hostile workplace, medical leave or other workplace issues we can provide guidance and peace of mind.

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Choose Carcich O'Shea, LLC For Experienced Employment Law Attorneys

Carcich O’Shea, LLC is dedicated to bringing justice to your situation. We listen to your situation and provide the best possible way to get a settlement from your claims. You’re hiring top-notch attorneys by working with us! Mr. Carcich was recently selected for Super Lawyers, whereas Ms. O’Shea has been named in (201) Magazine’s “Bergen’s Best Attorneys”. We will manage your case from beginning to end.

If you have more questions about our legal expertise in employment litigation, feel free to contact us today. Alternatively, you may call us at 201-988-1308 or send an email to  carcichoshea@gmail.com .

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