• People

    Advanced Search

  • Services
  • All Services

  • Employees across New Jersey rely on their jobs to support their families and build a future. When an employer violates your rights through discrimination, wage theft, or retaliation, it threatens your entire livelihood. A New Jersey employment attorney can reveal unfair practices and protect workers’ rights. 

    Companies often count on you staying silent because you fear losing your paycheck or damaging your career. While New Jersey offers some of the strongest protections in the country, navigating state law alone creates unnecessary risk. 

    Large corporations and their insurance teams use complex legal tactics to deny claims or pressure workers into low settlements. You need a dedicated advocate who understands the local courts and federal regulations to stand between you and a hostile employer.

    Stark & Stark provides the legal counsel you need to challenge unfair workplace practices. Our New Jersey Employment Lawyers work directly with employees to expose illegal conduct and demand fair compensation. Call us today at 609-896-9060 or contact us online to discuss your case.

    Speak With an Employment Lawyer Today

    Why Choose Stark & Stark for Your Employment Claim

    Stark & Stark has served clients for over 90 years and brings a wealth of knowledge to each employment claim we accept. Our attorneys know that losing a job or facing harassment affects your mental health, your family’s stability, and your financial future, so we approach every case with a strategy tailored to your specific situation. 

    When you hire us, you gain a partner who handles the legal heavy lifting so you can focus on your well-being.

    We protect employees in these key areas:

    • Workplace Discrimination: We fight for workers treated unfairly based on race, gender, age, religion, disability, or other protected traits.
    • Wrongful Termination: Our team challenges firings that violate public policy, contracts, or anti-discrimination laws.
    • Wage and Hour Disputes: We help employees recover unpaid overtime, commissions, and wages for off-the-clock work.
    • Whistleblower Retaliation: We defend brave individuals who face punishment for reporting illegal activities or safety violations.
    • Pay Equity
    • Restrictive Covenants, Non-Competes and Unfair Competition  
    • Workplace Accommodations
    • Worker Classifications (employee v. independent contractor) and (exempt v. non-exempt from overtime)
    • Family Leaves of Absence
    • Arbitration Agreements
    • Labor Relations

    Protecting Your Rights After a Workplace Violation in New Jersey

    New Jersey serves as an at-will employment state. This generally means an employer can fire a worker for any reason or no reason at all. However, this rule has strict limits, and an employer can’t fire you for an illegal reason. 

    State and federal laws create a safety net that no company policy can override. The New Jersey Law Against Discrimination (NJLAD) prohibits employers from making decisions based on your membership in a protected class. This includes your race, gender, age, sexual orientation, disability, and even your pregnancy status. 

    If a manager targets you because of who you are, they break the law. Additionally, federal statutes like Title VII and the Americans with Disabilities Act (ADA) provide further layers of protection. But navigating these laws requires precise knowledge of the legal landscape. Our New Jersey employment lawyers can guide you through the process while handling the legal burdens

    Get a Free Case Evaluation

    Identifying Wrongful Termination in New Jersey

    Losing a job creates immediate panic. You worry about paying bills and explaining the gap in your resume. Employers rarely admit they fired someone for an illegal reason; they usually invent a false reason to cover up the real motive. 

    For instance, a manager might claim they eliminated your position due to “budget cuts,” yet they hire a younger replacement two weeks later. Or they might cite “poor performance” days after you reported a safety violation, despite years of glowing reviews.

    Proving wrongful termination in New Jersey requires connecting the firing to an illegal motive. We look for inconsistencies in the employer’s story. We analyze whether the company followed its own progressive discipline policy. If the employee handbook states you must receive a verbal warning and a written warning before termination, and they skipped those steps, it raises a red flag. 

    We also look at how the company treats other employees in similar situations. If you were fired for being five minutes late but ignored lateness from workers outside your protected class, that suggests discrimination.

    You may also face a situation called constructive discharge. This occurs when an employer makes working conditions so intolerable that a reasonable person would feel forced to resign. Legally, the courts treat this resignation as a firing. This might happen if a boss strips you of all responsibilities, moves your office to a storage closet, or subjects you to constant humiliation. 

    You shouldn’t have to endure abuse just to keep a paycheck. One of our New Jersey employment attorneys can help you document these conditions to show that your resignation wasn’t voluntary.

    How a New Jersey Employment Lawyer Can Help With a Hostile Work Environment

    A hostile work environment in New Jersey involves more than just a rude boss or unpleasant coworkers. To have a valid legal claim, the conduct must qualify as severe or pervasive. It must also relate to a protected characteristic, such as your gender or race. 

    Occasional teasing or offhand comments, while unprofessional, often don’t meet the legal standard for a lawsuit. The behavior must alter the conditions of your employment and create an abusive atmosphere.

    Courts in New Jersey look at the totality of the circumstances, considering the frequency of the conduct, its severity, and whether it physically threatened or humiliated the victim. A single incident can create a hostile environment if it is extremely severe, such as a physical assault or the use of a specific racial slur. 

    However, most cases involve a pattern of harassment over time. This might include offensive jokes, unwanted physical touching, slurs, or the display of offensive images.

    How To Document a Hostile Work Environment

    Documentation plays a vital role when dealing with hostile work environments. We advise clients to keep a detailed journal of every incident. Note the date, time, location, witnesses, and exactly what the harasser said or did. You should also keep copies of any complaints you made to Human Resources or management. 

    Under the law, an employer effectively knows about the harassment if a supervisor participates in it or if you report it and they fail to take action. If the company ignores your complaints or tells you to “toughen up,” they may be liable for the harm you suffer.

    We look for specific evidence to substantiate harassment claims:

    • Pattern of Behavior: Your lawyer compiles emails, text messages, or witness statements that show the harassment was not an isolated event.
    • Management Knowledge: We gather evidence that you informed a supervisor or HR, and they failed to investigate or stop the conduct.
    • Impact on Performance: Performance reviews or medical notes can show how environmental stress affected your ability to work or your health.
    • Comparative Treatment: Witness testimony: We interview colleagues to establish that the harasser targeted you specifically based on a protected trait.

    Securing Unpaid Wages and Overtime After a Conflict

    New Jersey has robust wage and hour laws that protect your right to fair pay. The New Jersey Wage and Hour Law and the federal Fair Labor Standards Act (FLSA) set clear rules for minimum wage and overtime. Unfortunately, wage theft remains common across many industries. 

    Employers often try to cut costs by denying workers the money they earned. One common tactic involves misclassification. Employers may label you as an “independent contractor” to avoid paying taxes and providing benefits. However, if the company controls your hours, provides your equipment, and directs how you do your work, the law likely considers you an employee. 

    If the law classifies you as an employee, you have the right to overtime pay and other protections. Another tactic involves misclassifying employees as “exempt” from overtime. Salaried managers generally don’t get overtime, but simply paying someone a salary doesn’t make them exempt. Your job duties must match specific legal criteria.

    We also handle cases involving “off-the-clock” work. If your boss asks you to answer emails after hours, prepare the job site before your shift starts, or work through your unpaid lunch break, they must pay you for that time. 

    These small amounts add up to thousands of dollars over months or years. We act quickly to calculate these damages. In some cases, you may recover liquidated damages, which can allow you to receive up to triple the amount of the unpaid wages.

    Recover Your Unpaid Wages — Contact Us Now

    How Our New Jersey Employment Lawyers Protect Whistleblowers

    State law encourages employees to report illegal or unethical activities. The Conscientious Employee Protection Act (CEPA) is one of the broadest whistleblower laws in the nation. It protects you if you disclose, threaten to disclose, or refuse to participate in an activity that you reasonably believe violates a law, rule, or public policy. 

    This law applies to everything from reporting safety hazards in a warehouse to exposing financial fraud in a corporate office. Employers cannot take retaliatory action against you for these activities. Retaliation includes firing, demotion, suspension, or any adverse employment action that impacts your pay or status. 

    It can also include subtle forms of punishment, such as excluding you from meetings, changing your shift to impossible hours, or giving you a sudden negative performance review. The employer’s goal is to punish you for speaking up or to force you to quit.

    You don’t need to prove that the employer actually broke the law to have a valid CEPA claim. You only need to show that you had a reasonable belief that a violation occurred and that you faced retaliation for reporting it. 

    Our New Jersey employment attorneys work to draw a clear line between your protected activity and the employer’s adverse action. Timing often serves as critical evidence. If the company disciplines you days after you file a complaint, it strongly suggests retaliation.

    Maximizing Your Compensation During Severance Negotiations

    When a company terminates your employment, it may offer a severance agreement. This document usually offers a lump sum payment in exchange for your signature. Employers present these agreements as a generous gesture, but they serve the company’s interests, not yours. 

    By signing, you usually give up your right to sue the company for legal claims based on things that happened before you signed, including discrimination or wrongful termination.

    Never sign a severance agreement immediately. The company cannot force you to sign on the spot, and you should review the document with a lawyer to determine if the offer is fair. If you have a potential legal claim against the company, the severance offer might be far less than what you could recover through a settlement or lawsuit. 

    Our New Jersey employment lawyers also look for restrictive covenants, such as non-compete clauses, that could prevent you from finding a new job in your field. Your attorney will negotiate directly with the employer to improve the terms. 

    This might involve increasing the financial payout, extending health insurance benefits, or ensuring the company provides a neutral reference so you can secure future employment. We can help you understand exactly what rights you are giving up before you agree to anything.

    FAQs for New Jersey Employment Lawyers

    Can I Sue for a Hostile Work Environment in New Jersey?

    You may have a case if your boss or coworkers target you based on your race, age, gender or other protected personal characteristic. The law requires the behavior to be severe or happen often enough to change your work life. A New Jersey employment lawyer can gather emails and witness statements to show what happened and support your claim.

    Can My Boss Fire Me for Reporting Violations of Law or Public Policy?

    No, the law strictly prohibits employers from firing employees solely for reporting what the employee reasonably believes to be a violation of law. The Conscientious Employee Protection Act (CEPA) specifically protects employees who report practices they reasonably believe are illegal, fraudulent, or harmful to public health and safety. 

    If your employer fires, demotes, or harasses you because you reported a violation, you may have a claim for retaliation. You should document your report and any subsequent actions your employer takes against you, and then contact a lawyer.

    What Damages Can I Recover in a New Jersey Employment Lawsuit?

    The damages available depend on the specific laws involved in your New Jersey employment case. Generally, you may seek recovery for economic losses, such as back pay (wages you lost) and front pay (future lost wages). You may also recover compensation for emotional distress, pain, and suffering. 

    In cases involving malicious conduct, the court may award punitive damages to punish the employer. Additionally, successful plaintiffs can often require the employer to pay their attorney’s fees and legal costs.

    Does New Jersey Law Protect Me if I Don’t Have a Written Contract?

    Many employees in New Jersey don’t have written employment contracts, yet they still enjoy broad legal protections. State and federal anti-discrimination laws, wage and hour statutes, and whistleblower protections apply to all employees, regardless of whether a contract exists. 

    We review all documents and circumstances to determine the full extent of your legal protections.

    Take Action Today To Secure Your Future

    You don’t have to accept unfair treatment, discrimination, harassment, or wage theft. The law provides a path to justice, and Stark & Stark can guide you every step of the way. We serve clients throughout New Jersey, offering the trusted advocacy you need during this challenging time.

    If you believe your employer violated your rights, act quickly to preserve your options. Call us now at 609-896-9060 or complete our online contact form to connect with one of our New Jersey employment lawyers. Let us help you fight for the compensation and dignity you deserve.

    Contact a New Jersey Employment Lawyer Today

     

    Key Contact

    Susan L. Swatski
    609.895.7278

    Firm Highlights

    Jeffrey A. Krawitz, Esq. and Catherine Foley, Esq. Secure $950,000 Settlement in Surgical Malpractice Matter

    Jeffrey A. Krawitz, Esq. and Catherine Foley, Esq. recently secured a confidential $950,000 settlement in a surgical malpractice case. “This...

    Victoria Wilton, Esq. Selected to Serve on New Jersey State Bar Association Family Law Executive Committee

    We are proud to announce that Victoria Wilton, Esq. has been selected to serve on the New Jersey State Bar Association Family Law Executive Committee...

    Stark & Stark Joins Growing Coalition of Law Firms in Defense of Constitutional Principles and the Independence of the Legal Profession

    Stark & Stark has joined hundreds of fellow law firms across the country in filing an amicus brief supporting Perkins Coie, WilmerHale, Jenner...

    Stark & Stark Attorneys Recognized as New Jersey “Super Lawyers” and “Rising Stars” in 2026

    Stark & Stark is pleased to announce that 15 of its attorneys have been selected for inclusion in the list of 2026 New Jersey Super Lawyers,...

    Bruce Stern, Esq. Secures $1,000,000 Settlement in Motor Vehicle Collision Case

    Bruce Stern, Esq. recently secured a $1,000,000 settlement in a motor vehicle collision case.* “This case highlights how quickly things can go...

    Deborah Dunn, Esq. Elected to Board of Directors for Angel Flight East

    Stark & Stark is pleased to announce that Deborah Dunn, Esq., Shareholder and Civil Trial Attorney, has been elected to the Board of Directors...

    Michael Jordan, Esq. Joins the Board of the Lawrence Township Community Foundation

    It is our pleasure to announce that Michael Jordan, Esq. has joined the board of the Lawrence Township Community Foundation, an organization...

    Stark & Stark Opens Newtown, Pennsylvania Location

    Stark & Stark announced the relocation of its Yardley, Pennsylvania office to a new location in Newtown, PA. The new office is now open and...

    Joseph Lemkin, Esq. Named to ROI-NJ Influencers: Power List 2026 – Law

    Stark & Stark is proud to share that Joseph Lemkin, Esq., Shareholder, has been named to the 2026 Influencers: Power List in the Law category...

    Jeffrey A. Krawitz, Esq. and Michael C. Ksiazek, Esq. Secure $1,000,000 Settlement in Medical Malpractice Wrongful Death Case

    Jeffrey A. Krawitz, Esq. and Michael C. Ksiazek, Esq. recently secured a $1,000,000 settlement in a medical malpractice wrongful death...

    Joseph Cullen, Esq. and Nicole Durso, Esq. Secure $2,000,000 Settlement in Personal Injury Matter

    Joseph Cullen, Esq. and Nicole Durso, Esq. recently secured a $2,000,000 settlement in a personal injury matter involving a pedestrian who was struck...

    Stark & Stark Welcomes Susan L. Swatski, Esq. to the Firm

    Continuing in its mission to provide its clients innovative legal solutions to meet their needs, Stark & Stark PC, announced today that Susan L....