Employee Rights Lawyers

If you have been fired unfairly, discriminated against, harassed, or denied the pay you earned, you do not have to face your employer alone. At Stark & Stark, our employment lawyers represent employees, not corporations. We hold employers accountable when they break the law and help employees pursue the compensation and remedies they are owed.

For more than 90 years, Stark & Stark has stood up for individuals and families. Our Employment and Labor Law Group is led by Susan L. Swatski, who has more than two decades of experience representing employees in disputes that affect their careers and livelihoods.

When to Talk to an Employment Lawyer

Not every unfair experience at work is unlawful, but it can be difficult to tell the difference. Consider speaking with an employment lawyer if any of these situations sound familiar:

• You were fired, demoted, or passed over for a promotion and suspect the reason was illegal.
• You are being treated differently because of your race, sex, age, religion, disability, or national origin.
• You are experiencing harassment or a hostile work environment, and the behavior has not stopped.
• You were punished after reporting misconduct or exercising a workplace right.
• You have not received the wages or overtime pay you earned.
• You have been offered a severance agreement and are unsure what rights you would give up by signing it.

Getting answers early can help you understand your options and avoid missing important deadlines. As explained below, employment claims often have strict filing requirements.

Employment Matters We Handle

Wrongful Termination

Most employees in the United States work “at will,” meaning an employer can let them go for almost any reason, but not an illegal one. Your termination may be unlawful if you were fired because of a protected characteristic, for reporting wrongdoing, for requesting medical leave, or in violation of an employment contract.

We investigate the reason behind your firing, gather supporting documentation, and pursue the remedies available to you. These may include lost wages and benefits, reinstatement when appropriate, and damages.

Workplace Discrimination

Federal law prohibits employers from making decisions about hiring, pay, promotions, assignments, or termination based on certain protected characteristics.

Title VII of the Civil Rights Act prohibits discrimination based on race, color, religion, sex, and national origin. The Americans with Disabilities Act protects qualified workers with disabilities and requires reasonable accommodations. The Age Discrimination in Employment Act protects workers age 40 and older.

If you believe you have been treated differently because of a protected characteristic, we can help you document what happened and pursue a discrimination charge.

Workplace Harassment and Sexual Harassment

Harassment becomes unlawful when enduring it is a condition of keeping your job or when the conduct is severe or pervasive enough to create a hostile work environment.

Sexual harassment can include unwanted advances, requests for sexual favors, and offensive conduct by a supervisor, coworker, or client. You have the right to report harassment without being punished for doing so. We help employees seek accountability from those responsible for the harassment and employers that allowed it to continue.

Retaliation and Whistleblower Claims

An employer cannot lawfully punish you for exercising legally protected workplace rights. Retaliation may take the form of termination, demotion, reduced hours, a sudden negative performance review, or exclusion from career opportunities.

Legal protections apply when employees report discrimination, file a complaint, participate in an investigation, or blow the whistle on illegal or fraudulent conduct. Retaliation claims are among the most common employment cases. The timing and pattern of an employer’s actions can provide important evidence of what happened and why.

Wage and Hour Violations and Unpaid Overtime

Under the Fair Labor Standards Act, most employees are entitled to at least the federal minimum wage and overtime pay at one and one-half times their regular rate for hours worked beyond 40 in a week.

Employers may violate the law by improperly classifying employees as exempt or as independent contractors, requiring off-the-clock work, withholding tips, or failing to pay for all hours worked. We help employees recover unpaid wages and any additional damages available under the law.

Hostile Work Environment

A hostile work environment involves more than a difficult boss or an unpleasant week at work. It exists when discriminatory or harassing conduct is so severe or pervasive that it changes the terms and conditions of your employment. To be unlawful, the conduct must be connected to a protected characteristic, such as sex, race, age, religion, or disability.

We help you determine whether the behavior you are experiencing may support a legal claim and gather the evidence needed to pursue it.

Severance Agreement Review

Before signing a severance agreement, make sure you understand its terms and the rights you may be giving up. These agreements often require employees to release legal claims, accept non-disparagement provisions or restrictive covenants, and agree to compensation that may be less than they are owed.

We review severance offers, explain the terms in plain language, and negotiate for better terms when there is a basis to do so. A review before you sign can help you evaluate the offer beyond the payment amount.

Federal Employee Protections and Deadlines

The Federal Laws That Protect Employees

Federal employment laws protect eligible employees throughout the country. The statutes we work with most often include:

• Title VII of the Civil Rights Act prohibits discrimination based on race, color, religion, sex, and national origin.
• The Americans with Disabilities Act (ADA) protects qualified workers with disabilities and requires reasonable accommodations.
• The Age Discrimination in Employment Act (ADEA) protects workers age 40 and older.
• The Fair Labor Standards Act (FLSA) establishes minimum wage and overtime standards.
• The Family and Medical Leave Act (FMLA) provides job protection for eligible leave related to a serious health condition or family caregiving.

How the EEOC Charge Process Works

Most federal discrimination, harassment, and retaliation claims must go through the U.S. Equal Employment Opportunity Commission (EEOC) before you can file a lawsuit. This requirement is known as exhausting your administrative remedies.

Strict deadlines apply. As a general rule, you have 180 days from the discriminatory act to file an EEOC charge. That period extends to 300 days in states with their own fair-employment agency. Missing the deadline can mean losing your right to sue.

Once the EEOC completes its process, it issues a Notice of Right to Sue, which starts a 90-day period to file a lawsuit in federal court. Speaking with an employment lawyer early can help you understand which deadlines apply and take action before they expire.

Where We Practice

Stark & Stark’s attorneys are licensed to practice in New Jersey and Pennsylvania. Although the federal protections described on this page apply nationwide, we handle employee-side employment matters for workers in these two states.

If your claim arises in New Jersey, learn more about our New Jersey employment lawyers.

If you work outside the states where we practice, we may not be able to represent you directly. However, we will do our best to help you find a qualified employment attorney in your area.

Talk to Our Team Today

If you have concerns about how you are being treated at work, speak with someone who can help you understand your rights. Contact Stark & Stark for a confidential review of your situation and a straightforward assessment of whether you may have a claim and what options are available to you.