Mark Law Firm Blog

I am thinking about suing my employer, but is it really worth it? What are my remedies pursuant to the Law Against Discrimination?

Posted by Jamison Mark on May 8, 2014 12:48:00 PM
New Jersey Attorneys

http://www.jmarklaw.com/discrimination-in-the-workplace/Mark Law Firm can steer you down the right road and explain to you your options when suing. Not all lawsuits are about money. The basic principle of damages is to make the victim whole by placing them, in the economic position they were in prior to the unlawful discrimination.

  • Back Pay. Back Pay includes salary, pay increases, overtime and all fringe benefits (such as retirement plans, contributions, profit sharing and reimbursable health coverage)
  • Front Pay. Front pay is granted when it is necessary to place you back into the same place had you continued employment post-trial and is in lieu of reinstatement.
  • Reinstatement. Reinstatement is exactly how is sounds. An employee who has been removed from a position may be reinstated, or may wait for the next opening for a promotion.
  • Compensatory Damages. Pursuant to the Law Against Discrimination, compensatory damages are permitted to "recover all natural consequences of that wrongful conduct, including emotional distress and mental injuries."
  • Punitive Damages. Pursuant to the Law Against Discrimination, punitive damages may be awarded when the wrongdoer's conduct is (1) especially egregious, and (2) upper management actually participated in or was willfully indifferent to the conduct. Punitive damages are excluded from the Punitive Damages Act and therefore, are not capped. Furthermore, punitive damages may be ordered against a municipality or a public entity.
  • Attorneys' fees and costs. Pursuant to the Law Against Discrimination, the prevailing plaintiff may be entitled to recover attorney's fees and costs from the defendant. The amount of the attorney's fees awarded is in the discretion of and is critically evaluated by the Court. The Court may not only award a plaintiff's attorney's fees but, when a matter is taken on a contingency, the Court may multiply the attorney fee to compensate the attorney for taking a contingency case because of the "risk of non-payment in all cases in which the attorney's compensation is entirely or substantially contingent on a successful outcome."
  • Prejudgment Interest. Pursuant to the Law Against Discrimination, the Court may award for prejudgment interest on damages to indemnify plaintiff for the loss of money which could have been earned if the payment had not been delayed due to defendant's discrimination. The prejudgment interest is only appropriate for back-pay.

Contact Mark Law Firm, LLC to discuss more about your options and what you are entitled to in an employment lawsuit. We represent clients throughout Chatham, Summit, and Millburn, New Jersey.

Topics: Discrimination & Harassment