WORKPLACE HARASSMENT LAWYER IN NEW JERSEY

Getting verbally or physically threatened at work can be highly distressing. If you can, remove yourself from the situation. If the harasser is making threats of violence against you or your property, tell your employer and call law enforcement. If you are injured, seek medical help as soon as possible. You can also contact an attorney to learn about your rights and determine your next best steps.

As a next step, identify whether your workplace has a harassment policy and contact the person responsible for handling such situations. Once you have informed your employer, they are responsible for dealing with the problem and protecting you from future harassment and bullying. 

According to the US Equal Employment Opportunity Commission (EEOC), one-off jokes, teasing, or casual comments that are not serious are not illegal. For workplace comments and jokes to be unlawful, they must be:

• Unwanted or unwelcome

AND

• Severe or frequent in nature

A single instance of harassment is generally not illegal unless it is severe, such as involving a racial slur or violence. However, if you are experiencing any harassment at work, reporting it to your supervisor immediately can help you protect your legal rights.

A toxic work environment can be characterized by unacceptable behavior from coworkers or superiors, persistent negativity, and unhealthy competition. Signs of a toxic workplace can include:

• Verbal or physical abuse
• Bullying
• Discrimination and harassment
• Retaliation against employees reporting incidents or grievances
• Excessive workloads
• Health and safety hazards.

A toxic work environment can be extremely detrimental to an employee's mental and physical health, job satisfaction, and overall well-being.

Could I Sue an Employer for a Toxic Work Environment?

Generally, to be able to sue an employer for a toxic work environment, the harassment experienced must qualify for illegal discrimination. In other words, it must be based on race, gender, age, religion, or other protected characteristics.

A NJ workplace harassment attorney could help you sue an employer or the perpetrator if you are the victim of violence or threatened violence at your workplace. However, before you can file a lawsuit against your employer, you may have to file a complaint with a government agency first. In detail, here are your next best steps:

Report the Incident to Your Employer

If your employer has a harassment or discrimination complaint procedure, follow it meticulously and keep a copy of all documents for your records. Reporting harassment protects your legal rights and provides you with evidence should you wish to take the matter further. Your employer cannot claim that they did not know about the harassment when you file an internal complaint.

File an Administrative Charge With the EEOC

After reporting harassment to your employer, you can move forward and file an administrative charge with the EEOC or the New Jersey Division on Civil Rights (DCR). It is important to note that victims generally have to file a complaint with the EEOC or state agency before they can file a civil lawsuit against their employer.

Once the relevant agency has finished assessing your complaint and issues a “right to sue” letter, you can go ahead with filing a lawsuit.

Filing a Harassment Lawsuit

Once the EEOC or DCR has given the go-ahead, you can prepare your lawsuit. A workplace harassment lawyer in NJ can file your lawsuit in court and fight hard for what you deserve. Hiring an employment attorney as soon as you experience harassment can give you the best chance of winning your harassment claim.

Workplace harassment claims can be tricky. Having an experienced lawyer by your side can help you prevail and recover the settlement you deserve. Morgan & Morgan’s employment lawyers know how to prove your case and show the impacts of workplace harassment on your physical health, emotional health, financial situation, and career. We can:

Advise you on your rights: Our employment lawyers can inform you about the laws that protect you from workplace harassment and advise you on your legal options.

File a complaint: We can help you file a complaint with your employer or the relevant NJ government agency, guide you through the process, and represent you during any investigations or legal proceedings.

Negotiate a fair settlement: Our attorneys can help you negotiate a comprehensive settlement that protects your rights.

Represent you in court: Sometimes, employers refuse to settle for what your case is worth. When this happens, our labor attorneys in New Jersey can represent you strongly in court and fight for full and fair compensation.

Our tenacious attorneys have been fighting for the rights of the people for more than three decades, recovering over $35 billion in damages. You can trust us to have your best interest at heart.

Morgan & Morgan knows the devastating effects toxic workplaces can have on employees. We have the resources and determination to stand up to employers who fail to act when their employees are harassed and discriminated against. When we take your case, you pay nothing unless we win and recover compensation for you.

Our workplace harassment lawyers in NJ are waiting to hear from you. Contact us today for a free case review to determine your next steps.