New Jersey Employment Law Blog

A non-compete agreement is a legal contract that restricts an employee’s ability to work for a competitor or start a competing business for a certain period of time after leaving their current employer. While non-compete agreements are legal in many jurisdictions, there are some defenses that employees can use to challenge them. Here are a…

The availability and applicability of defenses to the can vary depending on the specific circumstances and jurisdiction. Here are a few common defenses that might be raised: It’s important to note that defenses to contracts can vary widely depending on the jurisdiction and the specific circumstances of the case. At Chatarpaul Law, we may be…

Right to Jury Trial Article 1, §9 of the New Jersey Constitution guarantees the right to a jury trial in all civil cases. N.J.S.A. Const. Art. 1, ¶ 9. The importance of the fundamental right to a jury trial under our system of justice was expressed by the late William H. Rehnquist, Chief Justice of…

Wrongful termination is the deprivation of an official post, let go, or fired by an employer based on illegal or forbidden reasons. It is referred to as “wrongful” because it is not supported by the state and federal laws of the country and the victim has the whole right to sue such an employer involved…

What you should know about employment discrimination law You got employed just over a year ago. You were very excited to be part of the team and something larger than you. From the day of your employment, you have put in your best to make sure you move your company forward. However, you have been…

In June 2016, the United States Equal Opportunity Commission (EEOC), the federal agency responsible for investigation and enforcing federal anti-discrimination laws, released a study of workplace harassment, which concluded that up to 85% of woman have experienced sexual harassment in the workplace, but most go unreported. According to another EEOC report, 75% of employees who…

In employment discrimination cases, such as age, race, ethnicity, disability, sex, etc., or discriminatory harassment, direct evidence of discrimination includes, but not limited to, for example, supervisor making discriminatory comments in emails, recorded telephone messages, text messages, social media positing’s, etc. While direct evidence of discrimination is preferred, a plaintiff is not required to come…

Few pieces of evidence are more persuasive than a tape recording of a party to a lawsuit in which the party makes a discriminatory statement. A discriminatory comment captured on an iPhone or other smart phones or recordings devices could go a long way in proving a discrimination case. Many employees who are unjustly harassed,…

An employer may not retaliate against any individual for: That is, an employer may not fire, demote, harass, or otherwise retaliate against you in any form, including giving a bad (adverse) employment evaluation. Similarly, an employer is prohibited from coercion, intimidation, threat, harassment, or interference in an employee’s exercise of her/his anti-discrimination rights or encouragement…