What should you do if your employer discriminates against you? An experienced New Jersey employment lawyer can help you decide.
Employee – The main goal of anti-discrimination laws is to put the employee in the same position as he/she was before the discrimination took place. This depends on the exact type of discrimination:
- Hiring – If an employee was not hired because of age, then either the employee should be hired (assuming he/she meets all the other qualifications) or the employee should be compensated as if he had been hired.
- Firing – If the employee was improperly fired, he/she should either get his/her job back or the employee should be compensated as if he/she had not been fired.
- Promotion – The employee should promoted or the employee should get money damages for the failure to promote.
- Benefits and pay – The employee should get the benefits the employee deserves going forward and the employee should be compensated for any past benefits lost.
Employer – Another goal of anti-discrimination laws is to stop the employer from committing the same misconduct again. This is especially true in cases of retaliation. The best way to make an employer understand and stop improper practices is to make the employer pay money damages. Employers may also be required to take specific steps to show they are complying with the laws. These steps could include training, posting notices and attending seminars.
Key Factors – A number of factors will determine what remedies and what damages are available:
- Jurisdiction: what court you’re in – The jurisdiction will determine which federal laws and which state laws apply.
- How the case is tried – Some cases are in federal or state courts. Some are tried before a jury. Others are tried before a judge. Still other cases are tried before arbitrators and mediators. Arbitrators and mediators are usually lawyers or judges who have extensive experience discrimination cases.
- The size of the employer – The size (number of employees) of the employer may limit the amount of any award. Typical dividing lines are 15, 100, 200 and 500.
General Remedies and Damages
- Get your job back
- Get the money you deserve going forward – You should be paid for your future work at the proper non-discriminatory rate.
- Get the money you lost – You should be compensated for the past work you lost.
- Out of pocket expenses – Costs for a new job search or any medical expenses.
- Emotional anguish – This may be a possibility.
- Attorney’s fees – May be allowed in some cases.
- Taxes – Employee benefits are normally taxable. There may be a possibility of having damages awarded to you if you are in a higher tax bracket because you get all your lost wages in one year – instead of over a period of years.
- Punitive damages – These are the damages that are meant to punish the employer for past misconduct and to stop him from future misconduct. Punitive damages are more likely to be awarded for malicious or intentional discrimination.
How Our Experienced Age Discrimination Lawyers Can Help
- We know what your rights and remedies are.
- We have experience trying cases before juries, judges, arbitrators and mediators
- We know the relevant laws.
- We will ask for all the damages you deserve.
- We will hold the employer accountable for any wrongful discrimination.
Our Firm’s Experience
The Attorneys of the Attorneys of Begelman & Orlow, P. C. have offices in Cherry Hill, New Jersey and Conshohocken, Pennsylvania. Contact our offices at 866-627-7052. We have 115 years combined experience protecting your rights. We have experience in all phases of discrimination law including discrimination because of race, national origin, gender, age, disability, religion and pregnancy.