Derek Smith Law Group / Employment Law / Workplace Harassment Attorneys / Workplace Harassment Attorneys in New Jersey

Workplace Harassment Attorneys in New Jersey

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What Is Workplace Harassment in New Jersey?
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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.

What Is Workplace Harassment in New Jersey?

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:

Race
National origin
Gender/sex
Religion
Color
Pregnancy
Disability
Age (between 18 and 70)
Military status
Sexual orientation
Citizenship
Gender Identity

What Evidence is Needed to Prove Workplace Harassment in New Jersey?

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.

You are a member of a protected class.
The harassment is directly related to your membership in a protected class. Here is where the two combines. Every person is a member of a protected class. However, that does not matter until the harassment is directly related to that membership.
Is the harassment severe and pervasive? Using something like a racial slur may be severe enough it only has to happen once. However, typically, the harassment must be ongoing to be considered workplace harassment under the law.

What Qualifies as Workplace Harassment?

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:

Your boss is constantly calling you a dumb woman when reprimanding you.
Your co-worker wears racist shirts to the office daily, despite your complaint to HR.
Your supervisor uses racist slurs at least twice a week.
Your co-worker talks about your “little beanie” when referring to your yarmulke, even though you have repeatedly corrected her and asked her to stop
You supervisor continually calls you derogatory names because of your sexual orientation and then says she is just joking, even though you have asked her to stop.
You co-worker sends out emails weekly depicting Muslims in a negative light and calls them the daily joke.
Your boss started speaking very loudly towards you once you turned 40 because he says he knows old age affects hearing. You have asked him to stop numerous times and he keeps saying he is “just joking.”
You have a documented learning disability and your boss makes jokes about it every time he talks to you.
Your supervisor mimics your foreign accent when he explains an assignment and then asks if you understand.
Your co-worker keeps rubbing your stomach without permission because you are pregnant, even though you have asked her to stop
Your co-workers and supervisors use slurs towards people in the military in daily conversations.
Your boss propositions you for sex and offers a raise in exchange.
Your co-worker calls you every derogatory name for women he can think of because you refused to go on a date with him

What is the Statute of Limitations to File a Workplace Harassment Lawsuit in New Jersey?

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.

What Remedies Are Available to Victims of Workplace Harassment in New Jersey?

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:

Removal of the person responsible for harassment
Reviewing and revamping policies relating to workplace harassment
Reimbursement of medical and other related expenses
Attorney’s fees
Pain and suffering
Emotional distress
Punitive damages

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During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

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Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

Phyllis Parker

Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

Wally Peczon

Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

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

Corey Kientz

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

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Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

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

jessica gonzalez

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 Testimonialwon't be disappointed! 10/10

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How Long Will Workplace Harassment Litigation Take to be Resolved in New Jersey?

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.

Verdicts & Settlements

Our results speak for themselves

$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

A Few Thing You Can Do Right Now

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.

Contact an experienced workplace harassment attorney immediately.
If you have not quit your job, do not do so until consulting with an attorney.
If your company has an HR department, file a written complaint about the harassment. This gives the employer the opportunity to right the wrong.
If your company has a policy regarding workplace harassment, follow it.
Gather evidence. Document every incident, including what occurred, who was involved, where it occurred, and any witness information.
Do not waste time. Your time to file a lawsuit is limited. Do not wait until it is too late.

Contact Our Experienced New Jersey Workplace Harassment Attorneys for a Free Consultation

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.

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