When You Should Contact an Employment Lawyer

There is a range of federal and state laws in place that protect employees who have faced discrimination, harassment, or any other inappropriate or illegal behavior from an employer. However, despite these laws, hard-working and responsible employees continue to face discriminatory behavior based on their race, religion, gender, sexuality, age, or other protected characteristics. Depending on the nature of the behavior, some issues can be resolved by having an open and honest discussion with your employer or a Human Resources professional. If the issue is more complicated, and the workplace violation has created a toxic work environment, or has had an extremely negative impact on your employment opportunities, it is in your best interest to contact a highly skilled employment lawyer at your earliest convenience.

Key Takeaways:

• Having an experienced and highly skilled lawyer on your side ensures that your legal rights are protected if your employment rights have been violated.
• An employment lawyer will help you navigate the process of filing an official complaint and negotiate a fair settlement.
• A successful claims outcome will ensure that you recover the damages you are entitled to, including front pay, back pay, pain and suffering, and lawyer fees and costs. If the discriminatory conduct was particularly egregious, you may be entitled to “punitive” damages.
• It is important that you contact an employment lawyer as soon as possible for several reasons. If you miss the filing deadline, your claims may be denied. The sooner you take legal action, the sooner your employment lawyer can take steps to stop the behavior from continuing. This will ensure that you recover the damages you are entitled to as soon as possible.

What Employment Disputes Warrant Hiring an Employment Lawyer?

New Jersey is an “at-will” employment state, which means that your employer can terminate your employment at any time, and for any reason, provided it is not for illegal or discriminatory reasons. However, employers are also legally prohibited from engaging in discriminatory, harassing, or any other activity that violates an employee’s legal rights. If you have experienced any of the following issues in the workplace, do not hesitate to contact an experienced employment lawyer who will inform you of your rights, recommend the best legal course of action, and assist you with every step of the complaint process:

• Wrongful Termination: If you believe that the circumstances of your termination violated your employment rights, an experienced employment lawyer will thoroughly examine the details of your case to determine whether your termination falls into any of the following categories:
  – Retaliation: In New Jersey, employers are legally prohibited from retaliating against an employee for reporting discriminatory behavior. In fact, several federal and state laws in place protect employee rights, including the New Jersey Law Against Discrimination (NJLAD), New Jersey’s Conscientious Employee Protection Act (CEPA), the New Jersey Civil Rights Act (NJCRA), the federal Family and Medical Leave Act (FMLA), and the New Jersey Family Leave Act (NJFLA). Each of these laws prevents employees from being terminated, demoted, transferred, bullied, harassed, or facing salary cuts or disciplinary actions.
  – Whistleblower Protection: Employers may not terminate an employee for reporting illegal or discriminatory activities or participating in an ongoing investigation into employment violations. CEPA specifically prohibits employers from terminating an employee for being a whistleblower or taking other retaliatory action, such as demotions, transfers, salary cuts, or disciplinary action.
• Harassment: This is any unwelcome physical or verbal behavior that is based on race, religion, gender, sexual orientation, age, disability, or any other protected characteristic. Sexual harassment is one of the most common forms of harassment. This often leads to toxic work environments, which can make it difficult, if not impossible, for the employee to perform the daily tasks associated with their job. One of the most common forms of sexual harassment is quid pro quo, which occurs when an employer, or a person who is in a position of power, offers a promotion, a raise, or other employment benefits in exchange for sexual favors.
• Discrimination: New Jersey has some of the strictest laws against discrimination based on a protected characteristic. For example, the New Jersey Civil Union Act legally recognizes same sex unions, and the New Jersey Law Against Discrimination (NJLAD) prohibits discrimination based on a protected status, including race, religion, age, marital status, nationality, sexual orientation, gender identity, genetic information, or disability.
• Employee Agreements: While New Jersey is an at-will employment state, employees may sign employment contracts that cover things like salary, bonuses, benefits, job responsibilities, and other terms of employment. Employers are legally prohibited from forcing an employee to waive certain rights, including the right to file a lawsuit or the right to a jury trial, as a condition of employment. If an employer breaks the terms of an employment agreement, it may be considered a breach of contract.
• Hour and Wage Violations: The Fair Labor Standards Act requires covered employers to pay employees at least the federal minimum wage, as well as overtime pay for all hours worked over 40 in a week. Effective January 1, 2026, the minimum wage in New Jersey is $15.92 per hour for non-exempt employees. If your employer is paying less than minimum wage, or they attempt to misclassify you in an effort to avoid paying you overtime, this is a violation of wage and hour laws.
• Family and Medical Leave Act (FMLA) Violations: The federal FMLA and the NJFLA allow employees in New Jersey to take up to 12 weeks of unpaid leave to attend to certain medical issues or personal matters. Upon their return to their job, employees must be reinstated to the same position and the same salary they were paid before their leave. If your employer does not allow you to return to your job or a comparable position, this is a violation of FMLA laws.

How Do I Know When to Contact an Employment Lawyer?

In an ideal scenario, your work environment is positive, supportive, and fosters a professional culture where all employees have the opportunity to grow and thrive in their careers. Too often, however, employees experience discriminatory, harassing, or other inappropriate or illegal behavior in the workplace that can range from subtle looks or comments to more obvious behavior like unwanted physical contact or making extremely offensive racist comments. It can be difficult to know how to handle this type of behavior, and when it is appropriate to contact an employment lawyer. If you believe that your employment rights have been violated in any way, it is highly recommended that you contact an experienced employment lawyer at your earliest convenience.

How Expensive Are Employment Lawyers?

Most employment lawyers offer a free consultation where you have the opportunity to discuss fees, how you will be billed, and whether there is a “contingency fee” arrangement, which means that the lawyer is only paid if the case is successful. If you win the case, the lawyer’s fee comes out of the total damages that are awarded to you. While there is no set percentage for contingency fees, most employment lawyers charge one-third of the settlement amount if the case is settled, and 40% if it goes to trial. In some cases, the terms of a contingency fee agreement can be negotiated, and your lawyer may agree to a lower percentage or absorb some of the court costs.

Frequently Asked Questions:

How do I find an employment lawyer?

One of the best ways to find a reputable employment lawyer is by word of mouth. This can help make the process of finding a lawyer much less overwhelming. Before meeting with the lawyer, ask the person who provided the recommendation a range of questions about the lawyer, including the following:

• Did the lawyer respond to phone calls, emails, and other communications on time?
• Did the lawyer take the time to listen to the nature of your complaint, address any questions or concerns you had about the complaint process, or any other aspect of the case?
• Did the lawyer personally handle your case, or hand it off to a younger, less-experienced lawyer in the firm?
• How did the law firm handle billing and the distribution of the settlement?

You can also find qualified employment lawyers by contacting the state or local bar association, local legal clinic, or non-profit organizations, depending on the nature of your case.

Our Cherry Hill Employment Lawyers at The Gold Law Firm P.C. Represent Clients Whose Employment Rights Have Been Violated

If you or someone you know was discriminated against or your employment rights were violated in some way, do not hesitate to contact our Cherry Hill employment lawyers at The Gold Law Firm P.C. We will take immediate action to ensure that your legal rights are protected, help you navigate every step of the complaint process, and pursue the maximum damages to which you are entitled. To schedule a free consultation, call today at 215-569-1999 or contact us online. With office locations in Pennsauken, New Jersey and Philadelphia, Pennsylvania, we proudly serve clients in the surrounding areas.