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Nutley Law Blog

What happens after you face workplace discrimination?

You'd think that blatant racism, sexism or discrimination based on someone's religion or disability would long be a thing of the past -- but it happens all the time.

Most people have no idea what to do, either, once they're faced with it. This is your step-by-step guide.

  1. Talk to an attorney that's experienced with workplace discrimination issues. New Jersey, in particular, is a highly progressive state that offers workers more rights than they're even guaranteed under federal laws. An attorney can give you a good idea of the strengths and weaknesses of your case, information on how to (legally) gather evidence to support your position and guide you through the next steps of the process.
  2. You have 180 days after you discover the discrimination to contact the Equal Employment Opportunity Commission (EEOC), which is the federal anti-discrimination watchdog agency, and make a charge. This will set in motion a series of events that you need to be prepared to handle because your employer will be notified within 10 days that the charge has been filed. (That's also why it's smart to talk to an attorney before you file the charge -- evidence of discrimination sometimes has a way of vanishing after a charge is filed.)
  3. The EEOC will then formally investigate your employer to see if it can "find cause," or supporting evidence, that backs up the allegations you've made. If so, the agency will try to get you and your employer to reconcile without heading into court.
  4. If the EEOC decides that there is "no cause" for your complaint that doesn't mean that your claim is lost. It simply means that the EEOC can't find enough evidence to clearly make the call. You then have the right to ask the EEOC to review the evidence and redetermine its finding.
  5. If conciliation fails or the EEOC still cannot "find cause" for your complaint, the agency will then issue you a letter explaining your right to take your employer to court over the issue. However, you'll only be given 90 days to file your civil claim -- which is, again, a good reason to already have an experienced attorney working with you on the case.

Could your doctor have prevented your infant's Erb's Palsy?

Erb's Palsy is also called a brachial plexus nerve injury, and it affects the nerve bundle that controls the muscles and movement in your shoulder, arm, hand and fingers. It can range in severity from a relatively minor injury that eventually heals to an enduring, life-altering disability.

The third week in October of each year is dedicated to brachial plexus nerve injury awareness. While adults can develop an injury to this area through an accident or even while playing a rough-and-tumble sport, the most common victims are often newborns.

University's sexual harassment case reveals problems for students

University professors and students who develop romantic and sexual relationships together are by no means news in academic circles -- it has probably been happening as long as there have been institutes of higher learning available.

For the most part, many universities turn a blind eye to the liaisons -- with the attitude that everyone is an adult and the encounters are consensual.

Constructive dismissal: When you're forced to quit

One of the most pervasive myths about wrongful termination claims is that you have to wait until you're fired to have a case.

Not only isn't it true, it could harm your career -- you may be forced to make a leap to a lower-paying job or step outside your career, but at least you won't have to tell your former employer you were fired.

Invasion of privacy and drones: What can you do?

Drones are wonderful little toys that can bring out the inner kid in anybody. Unfortunately, they also sometimes bring out someone's inner creep.

Because many drones have high-definition cameras installed on them, they're capable of peering over fences and into windows -- generally invading the privacy of people in places that they expect that privacy to be sacred -- like their own bedrooms or fenced-in yards.

Common issues in disability discrimination suits need addressed

If you've suffered an injury or an illness that leaves you with some limitations, you have a right to have those limitations accommodated -- as long as you can still do the job you're expected to do.

For example, if you develop lymphatic syndrome that causes swelling in your legs and requires you to keep your feet elevated, there's no reason you can't continue to work your desk job with a footstool tucked beneath your desk.

Hostile work environment included sex dolls and strippers

Every so often, a legal case will hit the news that makes you wonder how anyone in their right minds thought that what was going on was even remotely acceptable.

That's the case with a recent sexual harassment lawsuit brought against a New Jersey financial firm by several women who, somehow, managed to work there amidst the strip shows and penis birthday cake parties.

Is your age making you a target for workplace discrimination?

Some people are so young at heart that it takes them by surprise when they look up one day and realize that they're older than most of their co-workers.

Is that any reason, though, to worry?

Love, lies and...fraud? Understanding civil fraud lawsuits

Fraud can be either a criminal or civil matter -- or even both -- depending on the circumstances and parties involved. However, just because someone feels deceived, that doesn't necessarily rise to the level of legal fraud.

Take, for example, the recent lawsuit filed by a jilted lover after his girlfriend eventually rejected him and moved on to another. In response, the man filed a civil lawsuit, alleging a type of fraud known as "false representation."

Understand how attorney fees work before your case starts

You've probably seen plenty of ads by personal injury attorneys who say that "they don't get paid unless you get paid."What they mean is that they work on a contingency fee basis when it comes to personal injury claims -- which is a common type of arrangement. However, there are some important things that you should understand about contingency fees before you agree to one:

1. Some attorneys offer free consultations to personal injury clients, while others do not. There's nothing wrong with either method. Attorneys that offer free consultations will typically keep the consultations short (expect a half hour or less) and may only talk with you by phone. That's often long enough for an attorney to determine if you have a case and for the potential client to decide if that's the right attorney to handle his or her case.

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