Your Trusted New Jersey Failure to Hire or Promote Attorney
The Failure to Hire or Failure to Promote May Be Discrimination in New Jersey
Charles Z. Schalk is a New Jersey employment lawyer with the professional skills and legal expertise to handle failure to hire claims and failure to promote claims. If you were denied a job opportunity on discriminatory grounds, you may be entitled to compensation. Our team is ready to review your case, answer your questions, and protect your rights. Contact us today at (908) 526-0707 to set up a fully private, no obligation consultation with an experienced New Jersey employee rights attorney.
We Advocate for Employees Denied Fair Opportunities
Stereotypes about your race, national origin, sex, disability, or other protected characteristic should not be used to hold you back from accessing fair and equitable opportunities in the workplace. An employee who was denied a job or promotion on discriminatory grounds may have a claim. Our team handles the full range of cases in New Jersey, including:
- Failure to Hire: Failure to hire involves allegations that a qualified candidate was not offered employment due to discriminatory practices based on race, gender, age, or other protected characteristics.
- Failure to Promote: Failure to promote occurs when an employee is overlooked for promotion due to discrimination or retaliation, despite meeting the qualifications and performance standards required for advancement.
Proving Failure to Hire/Promote Constitutes Discrimination
New Jersey is an at-will employment state. Companies and organizations have the right to make their own personnel decisions for their own reasons—so long as the reasoning is not unlawful. New Jersey law (New Jersey Law Against Discrimination (LAD)) protects workers against discrimination. Workplace discrimination occurs when a person is subject to adverse action—including failure to hire or failure to promote—based on a protected characteristic. The LAD applies to all employers in New Jersey with one or more employees.
Note: The LAD protects workers in New Jersey against retaliation. If you were denied a promotion because you filed a complaint against your employer in the past, you may have a claim for failure to promote on the grounds of unlawful retaliation.
Every Case Requires a Thorough Investigation
How do you prove that the denial or a job or denial of promotion was unlawful? The short answer is that the case should be thoroughly investigated by an experienced attorney. Evidence is key—and a wide range of evidence may be used to prove discrimination, including:
- Communications By Employer/Supervisor: Emails, memos, text messages, and other written or verbal communications from employers or supervisors might indicate bias or discriminatory motives in hiring or promotion decisions. Your testimony of what was said directly to you by a supervisor is also evidence.
- Witness Testimony: Testimony from coworkers, supervisors, and other witnesses can offer insight into the employer’s hiring or promotion practices and reveal instances of discrimination or retaliation. Indeed, witnesses may provide firsthand accounts of conversations or incidents that indicate bias.
- Employee Performance Records: These records are crucial for demonstrating that the employee met or exceeded job performance expectations and was qualified for the position or promotion denied. Performance evaluations, awards, and disciplinary records are often examined to assess claims of unfair treatment.
- Statistical Samples: Finally, statistical evidence can show patterns of discrimination in an organization’s hiring or promotion practices by comparing the treatment of similar individuals under similar circumstances. A lawyer can help you look for disparities.
How New Jersey Employment Attorney Charles Z. Schalk Can Help
Were you denied a job opportunity on unjust grounds? Whether it was an initial job offer or a promotion, it is normal to be frustrated and overwhelmed. You may have a claim for compensation. A member of the National Employment Lawyers Association, Charles Z. Schalk is standing by ready to protect your rights. We encourage you to review our client testimonials, employment law case results, and to reach out to us directly with specific questions. Attorney Schalk is prepared to:
- Speak to you about the issue and answer your legal questions;
- Investigate the failure to hire or promote—gathering evidence; and
- Take aggressive action to protect your rights and help you get the best outcome.
Failure to Hire/Failure to Promote: Frequently Asked Questions (FAQs)
Should I Consult With a New Jersey Employment Lawyer?
Yes. If you believe that you were denied a job or denied a promotion in violation of the law, it is crucial that you consult with a New Jersey employment lawyer attorney as soon as possible. These are complex cases. Your attorney can assess the specifics of your case to determine if there has been a discriminatory failure to promote.
How Long Do I Have to Bring a Claim?
It depends. With that being said, New Jersey has specific time limits for filing employment discrimination claims. For claims under the New Jersey Law Against Discrimination (LAD), you typically have two years from the date of the alleged discriminatory act to file a lawsuit. The two year statute of limitations runs on the date of the adverse action, such as failure to promote.
Can I Be Offered a Job or Promotion as a Remedy?
Yes. It is a possibility. For example, imagine that you are still employed at a large corporation in New Jersey. You are passed over for a promotion. You believe that gender was a factor and you have strong evidence. If it is determined that the denial of that promotion did indeed occur due to discriminatory practice, you may be awarded a promotion as a remedy. Alternatively, it is possible that the case may be resolved through financial compensation.
Consult With Our New Jersey Failure to Hire and Failure to Promote Lawyer Today
Charles Z. Schalk is a New Jersey employment attorney with the skills and experience to handle failure to hire and failure to promote cases. If you have any specific questions or concerns about your rights, please do not hesitate to call us at (908) 526-0707 or contact us online to set up your completely confidential initial appointment. We advocate for the rights and the interests of employees throughout New Jersey.
“Mr. Schalk obviously obtained a very successful verdict in a very very difficult case. This Court had an opportunity to observe Mr. Schalk throughout the trial. He certainly performed at an extremely high level . . . And to obtain the verdict that he did is a rare case . . . I feel very strongly that Mr. Schalk’s work in this case was at a very high level, a superior level and that if the 100 percent enhancement of the lodestar is in the rare case this would be the rare case in which Mr. Schalk would be entitled to that.”*”
