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Workplace harassment in New Jersey is illegal if it is based on a reason protected by law such as race, religion, gender, sexual orientation, or any other protected class. This type of workplace harassment creates a hostile work environment and makes it unbearable for a rational person to conduct their daily duties. For over 25 years, the attorneys at the Derek Smith Law Group have helped victims of workplace harassment get the compensation they deserve.
New Jersey defines workplace harassment as a form of workplace discrimination that is so severe and frequent (or pervasive) that it causes the conditions of your job to change and makes it unbearable for a reasonable person. It is rarely one act of discriminatory behavior. More often than not, workplace harassment is an ongoing series of behaviors that are discriminatory and do not stop under any circumstances, unless the individual harassing you is out of work. The harassment is considered discriminatory is it is based on, but not limited to:
Workplace harassment in New Jersey is often proven when you can show a direct relationship between being a member of a protected class and a hostile work environment.
Workplace harassment occurs when discriminatory behavior goes beyond one or two incidents and becomes severe and frequent. Some examples of workplace harassment include, but are not limited to:
Depending on the reason for your claim of workplace harassment, you may have 300 days to 4 years to file a complaint.
If you are claiming discrimination under Title VII of the Equal Employment Act of 1964, you have a time limit of 300 days to file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the claim to make sure it falls within the guidelines of discrimination and then issue a Right to Sue letter to allow you to bring a lawsuit against your employer.
If you want to utilize New Jersey State Laws and claim workplace harassment based on discrimination under the New Jersey Laws Against Discrimination (NJ LAD), then you have a time limit of 2 years to file your claim.
If you are claiming the race was the driving factor in your workplace discrimination claim, you can file a lawsuit under 42 U.S. Code §1981 (1981) which provides a time limit of 4 years to file a claim.
As a victim of workplace harassment, you are likely looking for the courts to provide you some relief for the ordeal you suffered. Some of the remedies offered by the courts for your lawsuit may include, but are not limited to:
Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.
View All TestimonialsOlivia is the best! Oliva was very thorough, patient, and very detailed and descriptive regarding the process. She was very supportive of my sexual harassment case. From the very beginning, she communicated and would provide me with any updates and she was always available when I needed anything. More importantly, she always extended that comfort level of trust which always made me feel at peac... Read Full Testimonial
Casey Barkhordarian is a fabulous attorney to work with. He explained everything to me about the case (including the millions of questions I asked) right from the start of our very first meeting. He did so in a way that I could understand and was very prompt and clear with communication the entire time. Casey Barkhordarian is a very competent and knowledgeable lawyer to have on your team. I def... Read Full Testimonial
Matt Finkleberg is by far the best attorney I’ve ever hired! From the outset, it was evident that he was not just another lawyer; Matt is nothing short of extraordinary. He possesses the ability to do his job phenomenally while somehow managing to give me hope during one of my darkest of hours. Matt consistently returned my calls promptly, regardless of my questions, confusion, or self-doubt ... Read Full Testimonial
I cannot speak highly enough about my experience working with Matt Finkelberg. From the very beginning, Matt approached my case with an incredible level of professionalism, knowledge, and dedication that immediately put me at ease. It is rare to find an attorney who not only possesses an impressive depth of legal expertise but who also truly cares about the well-being and best interests of thei... Read Full Testimonial
Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonial
This law firm is absolutely amazing!!! They went so above and beyond for me!!! I am so grateful for all their help with my difficult case!!! If you need a lawyer, you will be in great hands with their firm!!! And wait until you see the office! The building is so high tech I couldn't figure out how to get in the elevator lol!
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough
matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough 🙂
Matt handled a suit against the City of LA and members of the a Neighborhood Council for racial discrimination and harassment. Ths was the first suit of this type filed on a Neighborhood Council Matt handled it with poise and above all professionalism. He walked me through the 3 year process and above all provided moral support and encouragement as I still experienced racism and harassment duri... Read Full Testimonial
Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!
A lawsuit for workplace harassment in New Jersey may take 4 to 6 months to a year or longer, depending on the parties involved and the details of the case. If your employer is willing to negotiate a fair and reasonable settlement prior to going to trial, your case may be settled in as little as 4 to 6 months.
However, if your employer wants to go to trial or simply refuses to negotiate a fair settlement, your lawsuit may take 8 months to a year or longer to prepare for trial and another few days to several weeks before judgment is entered by the court.
If you are the victim of workplace harassment, it may be a difficult decision to take your employer to court. However, while you make that decision, there are a few things you can do to make sure your case goes smoothly.
All employees should be able to go to work and not worry about being harassed because of their race, religion, national origin, age, disability, color, sexual orientation, gender, or any other protected class status.
If you have been the victim of workplace harassment in New Jersey, the experienced attorneys at the Derek Smith Law Group can help.
Contact us today at (973) 388-8625 for a free consultation. We do not collect any money until you win your case.
Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.