Employment Law
If you have been harassed, discriminated against or wrongfully terminated, timing matters. I act quickly to preserve evidence and protect your rights. The Law Offices of John Einreinhofer have had a great rate of success when litigating employment law and sexual harassment cases. John Einreinhofer is an experienced attorney in the areas of employment law, including sexual harassment. John will fight to make sure your rights are protected and work hard to make sure violations are legally vindicated. Matters of employment law and sexual harassment are extremely time sensitive. If you feel you have been the victim of discrimination, sexual harassment or any other employment law infractions, contact John Einreinhofer immediately. He can act fast to protect your rights and fight hard to get you justice.
In West Virginia important laws relating to employment law claims include the West Virginia Human Rights Act§16B-17-13
16B-17-2. Declaration of policy.
It is the public policy of the State of West Virginia to provide all of its citizens equal opportunity for employment, equal access to places of public accommodations, and equal opportunity in the sale, purchase, lease, rental and financing of housing accommodations or real property. Equal opportunity in the areas of employment and public accommodations is hereby declared to be a human right or civil right of all persons without regard to race, religion, color, national origin, ancestry, sex, age, blindness, or disability. Equal opportunity in housing accommodations or real property is hereby declared to be a human right or civil right of all persons without regard to race, religion, color, national origin, ancestry, sex, blindness, disability, or familial status.
The denial of these rights to properly qualified persons by reason of race, religion, color, national origin, ancestry, sex, age, blindness, disability, or familial status is contrary to the principles of freedom and equality of opportunity and is destructive to a free and democratic society.
The Patient Safety Act
§16-39-6. Enforcement.
(a) Any health care worker who believes that he or she has been retaliated or discriminated against in violation of section four of this article may file a civil action in any court of competent jurisdiction against the health care entity and the person believed to have violated section four of this article.
(b) A court, in rendering a judgment for a complainant in an action brought under this article, shall order, as the court considers appropriate, reinstatement of the health care worker, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages or any combination of these remedies. A court may also award the complainant, all or a portion of the costs of litigation, including reasonable attorneys fees and witness fees, if the court determines that the award is appropriate.
(c) An action may be brought under this subsection not later than two years after the date of the last event constituting the alleged violation for which the action is brought.
West Virginia also provides a right of action if an employment termination results in a violation of a substantial West Virginia public policy. Harless v. First National Bank in Fairmont, 246 S.E.2d 270 (W. Va. 1978),
In New Jersey important employment laws protecting against discrimination and wrongful retaliation include the
NEW JERSEY LAW AGAINST DISCRIMINATION (LAD): The LAD prohibits unlawful employment discrimination based on an individual's race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy), familial status, marital/civil union status, religion, domestic partnership status, affectional or sexual orientation, gender identity and expression, atypical hereditary cellular or blood trait, genetic information, liability for military service, and mental or physical disability (including perceived disability, and AIDS and HIV status).
NEW JERSEY CONSCIENTIOUS EMPLOYEE PROTECTION ACT: The CEPA prohibits employers from taking adverse employment actions against employees who disclose, object to, or refuse to participate in certain actions that the employee reasonably believes to be either illegal or in violation of public policy.