At Greenberg Gross LLP, our New Jersey employment litigation lawyers represent employees in significant workplace disputes involving discrimination, retaliation, wrongful termination, whistleblower claims, harassment, protected leave, and other employment law violations. Our attorneys evaluate claims, preserve evidence, handle required administrative proceedings, negotiate with employers, and pursue litigation when necessary.
Greenberg Gross is a trial firm built for high-stakes cases. We prepare every case as though it will go to trial, allowing our attorneys to negotiate from a position of strong preparation while remaining ready to litigate when a fair resolution cannot be reached.
If you are involved in a serious workplace dispute, call (973) 833-1933 for a free, confidential consultation.
Table of Contents
- Table of Contents
- What Does an Employment Litigation Lawyer Do?
- Why Choose Greenberg Gross for Your Employment Litigation Case in New Jersey?
- What Types of Employment Disputes Can Lead to Litigation?
- When Does a Workplace Dispute Become an Employment Litigation Matter?
- Why Does Preserving Employment Evidence Quickly Matter?
- Employment Litigation Can Test Whether the Employer's Story Matches Its Records
- Do You Have to File a Claim With an Administrative Agency Before Filing an Employment Lawsuit?
- How Long Do You Have to Bring an Employment Claim in New Jersey?
- What Happens After an Employment Lawsuit Is Filed?
- What Can Discovery Reveal About an Employer's Decision?
- Do New Jersey Employment Cases Always Go to Trial?
- Can an Employment Case Go to Arbitration Instead of Court?
- How Can Family and Medical Leave Disputes Lead to Litigation?
- What Compensation Can Be Available in Employment Litigation?
- Frequently Asked Questions About New Jersey Employment Litigation
- Talk to the New Jersey Employment Litigation Lawyers at Greenberg Gross to Learn More
What Does an Employment Litigation Lawyer Do?
An employment litigation lawyer represents employees in disputes involving workplace rights and employment-related claims. Depending on the case, our attorneys may:
- Identify claims under New Jersey and federal law
- Investigate the employer's conduct and preserve evidence
- Handle applicable administrative proceedings
- Negotiate potential resolutions
- File and litigate lawsuits
- Conduct discovery and depositions
- Challenge defenses and motions
- Prepare the case for trial
Not every employment dispute needs to become a lawsuit. Effective representation includes determining which strategy fits the client's claims, evidence, goals, and circumstances.
For a broader overview of workplace rights and the matters our attorneys handle, speak with our New Jersey Employment Lawyers.
Why Choose Greenberg Gross for Your Employment Litigation Case in New Jersey?
Employment litigation requires both knowledge of workplace law and the ability to pursue a case through discovery, depositions, motions, negotiations, and potentially trial.
We are Trial Lawyers for High-Stakes Cases
Greenberg Gross was founded by Alan Greenberg and Wayne Gross, who came from a global law firm. They built a team of attorneys who prepare cases ready for trial by developing the evidence and legal strategy necessary to pursue serious disputes against sophisticated opponents.
Significant Employment Results
Our past case results include a $10 million settlement for an employee in a breach-of-oral-contract matter and a $6.1 million judgment for a school district employee in a whistleblower retaliation case.
While these results involved different employment claims, and we cannot guarantee a similar outcome in future cases, our prior work demonstrates our commitment to protecting our clients’ rights against employers and large insurance companies. Every case depends on its facts and legal circumstances.
Greenberg Gross attorneys have also earned recognition from Super Lawyers, Martindale-Hubbell's AV Preeminent rating, the American Board of Trial Advocates (ABOTA), and the Daily Journal, including Top 100, Top Plaintiff, and Top Labor & Employment recognition.
Greenberg Gross LLP is ready to stand by your side
What Types of Employment Disputes Can Lead to Litigation?
Employment litigation can arise from workplace discrimination, harassment, wrongful termination, retaliation, whistleblower claims, family and medical leave violations, employment agreements, compensation disputes, and other violations of state or federal law.
Different claims have different elements and procedures. A discrimination claim under the New Jersey Law Against Discrimination (NJLAD), for example, can follow a different path from a whistleblower claim under the Conscientious Employee Protection Act (CEPA). A litigation strategy should therefore begin with the specific legal claims rather than a one-size-fits-all process.
When Does a Workplace Dispute Become an Employment Litigation Matter?
A dispute can become a potential litigation matter before anyone files a lawsuit. After a termination, demotion, denied promotion, retaliation, or another disputed action, our attorneys can assess the legal claims, determine whether administrative prerequisites apply, preserve relevant evidence, and evaluate whether pre-suit resolution is realistic.
Early legal analysis can also identify weaknesses. Not every unfair employment decision is illegal, and evidence of poor management does not necessarily establish a legal claim. Understanding that distinction can prevent a case from being built around the wrong theory.
Why Does Preserving Employment Evidence Quickly Matter?
Employees can lose access to company email and messaging systems immediately after termination. Coworkers leave, memories fade, and electronic records can disappear through ordinary retention practices.
Employees should preserve materials they are lawfully entitled to possess, including relevant communications, evaluations, disciplinary notices, pay records, employment agreements, and complaints they made. They should not access restricted systems or improperly remove confidential or privileged company information.
Our attorneys can also identify evidence that other parties may possess and take appropriate steps to protect potentially relevant information.
Employment Litigation Can Test Whether the Employer's Story Matches Its Records
One of the most important questions in an employment case can be whether the reason given to the employee matches what decision-makers were saying internally. For example, an employer might attribute a termination to performance, restructuring, attendance, misconduct, or another business reason. Litigation can test that explanation against evidence such as:
- Internal emails and workplace messages
- Performance and disciplinary records
- Personnel and comparator information
- Workplace policies and how they were applied
- Records showing when decisions were made
- Testimony from supervisors and decision-makers
An employer may claim an employee was terminated for longstanding performance problems. Our lawyers can examine when those concerns appeared, whether earlier evaluations support them, and whether comparable employees were treated differently.
Inconsistencies do not automatically prove an employment-law violation. They can, however, help determine whether the employer's stated explanation reflects what actually drove the decision.
Do You Have to File a Claim With an Administrative Agency Before Filing an Employment Lawsuit?
It depends on the claim. The New Jersey Division on Civil Rights (DCR) enforces the NJLAD. Employees alleging NJLAD violations may file an administrative complaint with DCR or, subject to applicable requirements, bring an action in the Superior Court of New Jersey.
Federal discrimination claims can follow a different process. For most laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC), an employee must first file a Charge of Discrimination before filing a lawsuit. The Equal Pay Act is an exception to that general requirement.
Other employment claims can have different prerequisites. Our attorneys can identify the appropriate process before a procedural decision limits an employee's options.
How Long Do You Have to Bring an Employment Claim in New Jersey?
There is no single filing deadline for New Jersey employment litigation. The applicable period depends on the claim and the appropriate forum.
For example, an NJLAD complaint must generally be filed with DCR within 180 days of the alleged violation, whereas an NJLAD lawsuit filed directly in New Jersey Superior Court generally has a two-year filing period. Federal discrimination claims generally require an EEOC charge first. Qualifying charges against covered New Jersey employers generally have a 300-day filing period.
Other claims can carry different deadlines. Employees should not assume that discrimination, whistleblower, protected-leave, contract, and wage claims all follow the same rules. Internal complaints and negotiations also generally do not stop an external filing deadline.
We can help determine the details of your case
What Happens After an Employment Lawsuit Is Filed?
Once an employment lawsuit is underway, the case can move through discovery, motions, settlement negotiations, and potentially trial. While each case is different and follows a unique timeline, employment law litigation generally follows this structure:
Discovery
Discovery allows the parties to obtain relevant information through document requests, written questions, subpoenas, and depositions. This process can be especially important to employees because many records concerning an employment decision remain in the employer's possession.
Motions
Employers may ask the court to dismiss claims or seek judgment without a trial. Employment litigation lawyers must be prepared to defend viable claims using the applicable law and evidence developed in the case.
Settlement or Trial
Settlement negotiations can occur before or during litigation. Preparing for trial and negotiating a resolution are not conflicting strategies; strong preparation helps our attorneys assess the evidence, risks, and potential value of a case.
If an acceptable resolution cannot be reached and viable claims remain, the case may proceed to trial. At Greenberg Gross, we prepare for that possibility from the outset so we are ready to go when the time comes.
What Can Discovery Reveal About an Employer's Decision?
Discovery can provide information that an employee could not access on their own. Internal communications may reveal who participated in a decision, when it was made, what concerns were discussed, or whether explanations changed. Depositions can require supervisors and other decision-makers to explain their actions under oath.
Attorneys can then compare that testimony with emails, personnel records, policies, and previous explanations. This ability to obtain and test the employer's internal records is one of the most important features of employment litigation.
Do New Jersey Employment Cases Always Go to Trial?
No. Employment disputes can be resolved through pre-suit negotiations, mediation, arbitration, or settlement during litigation.
Whether a settlement makes sense depends on the evidence, available remedies, litigation risks, and the client's goals. Our attorneys prepare for trial while evaluating appropriate resolution opportunities throughout the case. If an employer will not agree to an acceptable resolution, our preparation allows the litigation to continue without delay.
Can an Employment Case Go to Arbitration Instead of Court?
Yes. Some employment agreements require disputes to be resolved through private arbitration rather than the court system.
An arbitration provision does not automatically eliminate an employee's underlying legal rights. Our attorneys can review the agreement, evaluate whether it applies and is enforceable, and represent employees in arbitration proceedings when required.
How Can Family and Medical Leave Disputes Lead to Litigation?
Protected-leave disputes can arise when an employer interferes with leave rights or retaliates against an employee for exercising them.
The Family and Medical Leave Act (FMLA) and New Jersey leave laws do not provide identical protections. These cases can require examination of leave requests, medical certifications, attendance records, Human Resources communications, and the timing of discipline or termination.
For more information about potential family leave violations, reach out to our New Jersey FMLA Lawyers.
What Compensation Can Be Available in Employment Litigation?
Available remedies depend on the law violated and harm suffered. Potential relief can include:
- Lost wages and employment benefits
- Reinstatement or other equitable relief
- Compensation for qualifying emotional harm
- Other compensatory damages
- Punitive damages when legally available
- Attorney's fees and costs, if authorized by law
Different claims provide different remedies and limitations. Potential recovery must therefore be evaluated based on the particular claims and evidence.
Frequently Asked Questions About New Jersey Employment Litigation
Can I sue my employer if I still work there?
Potentially. Termination is not required for every employment claim. Discrimination, harassment, retaliation, leave violations, compensation disputes, and other unlawful conduct can occur while an employee remains employed.
Should I quit before filing an employment lawsuit?
Employees should not assume resignation is necessary or strategically beneficial. Resigning can affect the factual and legal issues in a case, so obtaining legal advice before making that decision can be important.
What happens if relevant emails or records are deleted?
Parties may have an obligation to preserve relevant evidence when litigation is reasonably anticipated. The consequences of destroying evidence after a preservation duty arises depend on the circumstances and applicable rules. Our team can address evidence preservation early to reduce the risk that important information disappears.
Are employment lawsuits public?
Court filings are generally public unless particular information is sealed or otherwise protected. Arbitration and private settlements can operate differently. If you are concerned about your privacy rights, discuss these considerations with our team as you evaluate your options.
What if my employer offers me a severance agreement?
A proposed severance agreement can contain a release of employment claims, arbitration provisions, confidentiality requirements, or other obligations. Employees should understand what rights they are agreeing to give up before signing.
Talk to the New Jersey Employment Litigation Lawyers at Greenberg Gross to Learn More
Serious employment litigation requires identifying the right claims, preserving evidence, satisfying procedural requirements, testing the employer's explanation, and preparing for each stage of the case.
The New Jersey employment litigation lawyers at Greenberg Gross LLP handle that process from initial evaluation through negotiations, discovery, motions, and trial when necessary. We prepare every case with the discipline that serious litigation demands.
Call Greenberg Gross LLP at (973) 833-1933 or contact us online for a free, confidential consultation. Our team is available 24/7 to answer your questions. Reach out today to learn more.