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When You Feel Harassed In The Workplace

By: Samuel D. Bornstein Home | Legal


The LAD also grants relief to an employee who suffers retaliation for having made a complaint of discrimination to his employer.

In a recent case, the New Jersey Supreme Court reviewed the termination of a casino employee. The employee was fired after having filed a complaint of harassment and discrimination.

The casino denied that it discriminated against plaintiff or that he was fired in retaliation for having filed a complaint. But the trial court did not permit the casino to introduce a report of its investigations of plaintiff's complaint.

YOU BE THE JUDGE: Who is protected by New Jersey's Law Against Discrimination--the employee who claims his termination was in retaliation for having complained about harassment or an employer who terminates after conducting an investigation of the complaint?

The Supreme Court determined that the trial court should have admitted the investigative report in evidence.

And the Court also clarified that the LAD protections against retaliation are only for employees who complain in good faith. There is no protection for an employee who files a baseless discrimination complaint to beat the employer to the punch because some adverse employment action is anticipated. The Supreme Court held that the LAD is intended as a shield to protect employees from the wrongful act of their employers; but it is not a sword to be used by a savvy employee.

The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our Law Firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Hackensack, Paramus, Saddle River and throughout Bergen County, in Paterson, Wayne, Pompton Lakes and elsewhere in Passaic County, in Newark, West Orange and throughout Essex County, in Morristown and Parsippany in Morris County, in Elizabeth and Cranford in Union County, in Jersey City and North Bergen in Hudson County, in Trenton, Lawrenceville and Princeton in Mercer County and throughout the State of New Jersey, as well as New York City. Please contact us to discuss how we can help you in a new lawsuit or provide a "second opinion" about your pending lawsuit. There is no obligation for the initial consultation.

The New Jersey Law Firm and its attorneys are dedicated to client-driven results and protecting individual rights and business interests. For 40 years, the Law Firm has been recognized for sound legal judgment, immigration laws, real estate cases, litigation, contracts and advocacy in serving the transactional needs of both individual and business clients. If you need assistance with business or corporate formation and operations, or you seek legal advice about insurance defense, arbitrations, wrongful termination, discrimination, personal injury, environmental issues, bankruptcy, insurance, civil rights and other litigation alternatives, the Law Firm has the comprehensive experience, foresight, skills and talent to assist you to safeguard your assets, interest and investments. The New Jersey Law Firm's highly devoted, motivated, experienced, skilled lawyers/attorneys and effective legal professionals are always there to assist you.



Article Source: http://www.eArticlesOnline.com

About the Author:
Author, Samuel D. Bornstein, is associated with the law firm (http://www.bornsteinlawfirm.com/) and has 40 years of experience in representing individuals and a wide variety of businesses from Fortune 100 companies that need specialized assistance to smaller companies that look to the firm as their "in house" lawyer for general day-to-day advice. The firm is experienced with transactional work and litigation, emphasizing corporate and partnership operations, employment and workplace law, professional negligence, malpractice matters, immigration, civil rights and real state matters and insurance defense.

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