Morris County Employment Attorney Asserts Workers’ Rights
Board-certified trial attorney pursues compensation and equitable relief
Do you dread going to work because of abuse and mistreatment? Have you been passed over for a promotion because of your race or sex, or denied an accommodation for a disability? Are you being punished at work because you asserted a legal right? If so, your employer may have violated the law, and you may be entitled to relief, including monetary compensation for the indignities you’ve suffered. For more than 25 years, Kevin T. Kutyla, Esq. has fought on the side of workers in Sussex and Morris counties and throughout New Jersey against powerful companies who exploit, demean, and deprive workers of legal rights. Because I am passionate about justice for workers, I am prepared to take on complex, hard-to-prove employment cases to secure proper compensation and equitable relief for my clients. And, as one of the very few civil trial attorneys certified by the Supreme Court of New Jersey, I have the knowledge, skill and experience to deliver consistently excellent results.
Experience managing a wide range of employment law disputes
No one wants to dread going to work or face the prospect of losing their livelihood because of an employer’s unlawful and abusive practices. Common employment law complaints I pursue for clients include:
- Discrimination — Under federal law, employers are not permitted to discriminate in hiring, pay, promotions, or other job conditions on the basis of a worker’s age (person over 40), color, disability, ethnicity, nation of origin, pregnancy, race, religion, or sex. In addition, New Jersey’s Law Against Discrimination prohibits disparate treatment based on a worker’s marital status, gender identity or expression, sexual orientation, genetic information, or atypical cellular or blood trait. Whether antidiscrimination laws apply to a company often depends on the size of the business.
- Sexual harassment — There are two types of sexual harassment. Quid pro quo harassment occurs when a superior places conditions on a worker’s employment based on his or her response to sexual advances. Hostile work environment is a type of harassment that exists when unwanted behavior of a sexual nature is so pervasive in the workplace that it interferes with an employee’s ability to do the job.
- Wrongful termination — Employers may dismiss at-will workers for any reason or no reason at all, but not for an illegal reason. Reasons that amount to wrongful termination include unlawful discrimination, punishment for refusing sexual advances, punishment for refusing to commit an unlawful act in the course of employment, and punishment for whistleblowing. Executives under contract may also have a case of wrongful termination when a company violates their employment agreement.
- Workplace safety violations — I help workers file complaints under the Occupational Safety and Health Act of 1970 that allows employees to request an OSHA inspection.
- Wage and hour violations — The federal Fair Labor Standards Act requires employers to pay a minimum wage and one and a half times the rate of pay for any overtime after 40 hours in any given week. There are several factors that qualify workers for wage and hour protection under federal and New Jersey state law.
Through carelessness, willful ignorance, or shortsighted greed, some employers abuse workers despite clear federal and state protections. Still, employment violations can be difficult to prove. Since I have practiced in this area for decades, I can offer several reliable strategies for moving your case forward to a favorable conclusion.
Remedies available for employment law cases in Morris and Sussex counties
New Jersey workers are engaged in an at-will economy, which provides very little job security. However, workers do not have to put up with unlawful treatment simply to keep their jobs. There are two types of relief the court can grant for employment violations:
- Remedies at law — This is monetary compensation in the form of back pay and front pay, damages for emotional distress, pain and suffering, and harm to reputation. In certain egregious cases, where a defendant has acted with malice or reckless indifference, a court may award punitive damages, meant to punish the defendant rather than compensate the victim.
- Remedies at equity — An equitable remedy is one a court imposes when justice requires the defendant to take some action or discontinue some sort of action. A court can issue an injunction forbidding an employer from continuing a hiring or promotion process that is discriminatory. The court could also order “make-whole” relief to restore the plaintiff as nearly as possible to the position he would have occupied if not for the illegal conduct. Make-whole relief includes reinstatement after a wrongful termination, promotion, and awarding retroactive seniority.
Often, I have found it possible to negotiate a settlement that provides compensation and/or equitable relief without having to go to trial. However, when justice requires going to court, I go prepared and I fight to win.
Contact a board-certified civil trial lawyer for your employment law case
If you’ve been the victim of unlawful treatment in the workplace, you can trust Kevin T. Kutyla, Esq. to fight for your rights. For more than 25 years, I have delivered positive results for victims of employment discrimination and other illegal practices in Sussex and Morris counties. Call 862-354-8931 or contact me online to schedule an appointment. My office is conveniently located in Succasunna at 15 Commerce Boulevard, just off Route 10.