Employment Litigation

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.

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

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

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.

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.