Employment Law

We represent employees regarding all forms of unlawful discrimination, including discrimination due to age, color, disability, gender (sex), marital status, national origin, pregnancy, race, religion, sexual orientation, and veteran or military status, including claims under the New Jersey Law Against Discrimination ("LAD") and the New York Human Rights Law ("NYHRL").

The attorneys at Rabner Baumgart Ben-Asher & Nirenberg, P.C. help employees who have experienced retaliation at work, including whistleblowers who have been fired, harassed or demoted. For instance, we represent employees with retaliation claims under New Jersey's Conscientious Employee Protection Act ("CEPA"), claims of retaliation for objecting to discrimination, and worker's compensation retaliation claims.

We represent individuals who have experienced harassment at work, including claims of sexual harassment, racial harassment, and harassment due to age, disability, national origin, pregnancy, race, religion, sexual orientation, and veteran or military status. We also handle harassment claims on behalf of whistleblowers.

Our New Jersey employment law attorneys are experienced at handling most issues relating to employment contracts, including reviewing, drafting and negotiating them, and representing clients who have breach of contract claims, as well as issues involving:

• Severance agreements
• Executive compensation negotiations
• Employment offer letters
• Employee handbooks

We represent employees who are seeking to take a medical leave or a pregnancy leave pursuant to the Family & Medical Leave Act ("FMLA"), who have been denied the right to take an FMLA leave, or who have experienced retaliation because they took an FMLA leave.

Family Leaves

We also help individuals seeking to take family leaves and bonding leaves to be with a new child pursuant to the FMLA and the New Jersey Family Leave Act ("NJFLA"), as well as workers who have related legal claims against their employers.

We represent handle cases involving a wide range of adverse employment actions including:

• Wrongful termination
• Constructive discharge
• Employee discipline
• Failure to hire
• Failure to promote
• Demotions
• Performance Improvement Plans
  

Our firm handles cases relating to wage and hour issue including claims involving:

• Minimum wage
• Overtime pay
• Equal pay
• Unpaid wages
• Unpaid commissions
• Time off from work
  
• Meal and rest breaks

Our New Jersey employment lawyers have expertise regarding restrictive covenants and similar obligations to your employer, including:

• Non-compete agreements
• Non-solicitation agreements
• Confidentiality and trade secret agreements
• The duty of loyalty

Our attorneys represent individuals with business and entrepreneurial problems and disputes including oppressed shareholders and other shareholder disputes.

We handle cases arising out of many other types of workplace disputes in both New Jersey and New York, including claims relating to:

• Mass layoffs and reductions in force
• Reasonable accommodations for disabilities, pregnancy and religious beliefs
• Claims under the New Jersey WARN Act
  
• Unemployment insurance benefits
• Employees misclassified as independent contractors
• Workplace privacy
• Employment law right relating to medical marijuana
• Intentional workplace personal injuries
• Employment fraud and misrepresentation
  
• Defamation
• Tortious interference with contract
• Intentional infliction of emotional distress
• Qui tam actions under the False Claims Act

Collectively, our New Jersey employment law attorneys have represented thousands of employees, and have obtained millions of dollars for our clients. We have decades of experience in state and federal trial and appellate courts, up to and including the United States Supreme Court, and before administrative agencies such as the New Jersey Division on Civil Rights ("DCR") and the United States Equal Employment Opportunity Commission ("EEOC"). We handle claims under most New Jersey employment law statutes.

If your New Jersey employment law rights have been violated, we can help. Please feel free to call us at (201) 777-2250 or contact us online.

At a time when employee rights are continually evolving and litigation abounds, we offer employees, including executives and professionals, sound legal advice and clear guidance in a broad range of matters relating to workplace rights.  We advise workers in an effort to avoid legal disputes before they arise, and represent employees through negotiation, litigation, mediation and arbitration.

We invite you to sign up for our free employment law e-newsletter, or to read the answers to Frequently Asked Questions ("FAQ") about employment law.

• Jonathan I. Nirenberg
• David H. Ben-Asher
• Harold Rabner