Frequently Asked Questions

Employment, Business, and Aviation Law in New Jersey

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Employment Law
What is the New Jersey Law Against Discrimination?
The NJLAD is one of the strongest anti-discrimination laws in the country. It prohibits employers from discriminating against employees based on race, gender, age, religion, national origin, disability, sexual orientation, and other protected characteristics. It applies to most New Jersey employers regardless of size, giving employees broader protections than federal law.
What should I do if I believe I have been wrongfully terminated?
Document everything including emails, performance reviews, and conversations, and contact an employment attorney as soon as possible. New Jersey is an at-will employment state, meaning employers can terminate employees for any reason, but they cannot fire you for a discriminatory or retaliatory reason. An attorney can review your situation and advise you on whether you have a viable claim.
What is considered workplace harassment in New Jersey?
Workplace harassment includes unwelcome conduct based on a protected characteristic such as race, gender, religion, or age that is severe or pervasive enough to create a hostile work environment. This can include offensive jokes, slurs, physical threats, intimidation, or interference with work performance. A single severe incident can also qualify as harassment.
How long do I have to file an employment discrimination claim in New Jersey?
Under the NJLAD, you generally have two years from the date of the discriminatory act to file a lawsuit in state court. For federal claims under Title VII, you typically have 300 days to file a charge with the EEOC. Because deadlines vary, it is important to consult an attorney as soon as possible.
What is a severance agreement and should I sign one?
A severance agreement is a contract between you and your employer that typically offers compensation in exchange for waiving certain legal claims. You should never sign a severance agreement without having an attorney review it first. The terms may limit your rights in ways you do not fully understand, and there may be room to negotiate better terms.
What is retaliation and is it illegal in New Jersey?
Retaliation occurs when an employer takes adverse action against an employee for engaging in a protected activity such as reporting discrimination, filing a complaint, or participating in an investigation. Retaliation is illegal under both federal and New Jersey law. Protected adverse actions include termination, demotion, pay cuts, and creating a hostile work environment.
Business Law
What types of business law matters does Steinberg Law handle?
Steinberg Law, LLC assists businesses with contract drafting and disputes, intellectual property protection, breach of contract claims, regulatory compliance, vendor and supplier disputes, and business litigation. We work with small businesses, entrepreneurs, and established companies throughout New Jersey.
What should I do if someone breaches a contract with my business?
Review the contract carefully to understand the terms and identify the specific breach. Gather all documentation related to the agreement and the breach. Then contact a business attorney who can advise you on your remedies which may include negotiation, mediation, arbitration, or litigation depending on what the contract specifies.
How can I protect my business intellectual property in New Jersey?
Intellectual property protection strategies include registering trademarks, copyrights, and patents; using non-disclosure agreements with employees and vendors; including IP ownership clauses in employment contracts; and monitoring for infringement. An attorney can help you identify your most valuable IP assets and build a comprehensive protection strategy.
What is the New Jersey Consumer Fraud Act and how does it affect my business?
The New Jersey Consumer Fraud Act prohibits deceptive business practices, misrepresentations, and unconscionable commercial practices. Businesses found in violation can face treble damages plus attorney fees. It is important for businesses to ensure their marketing, sales practices, and contracts are fully compliant.
When should a small business hire a lawyer?
Ideally a small business should consult an attorney before issues arise such as when forming the business, drafting contracts, hiring employees, or entering significant agreements. You should also seek legal counsel immediately if you receive a demand letter, face a lawsuit, have an employment dispute, or need to enforce a contract. Early legal advice often prevents costly disputes later.
Aviation Law
What is aviation law and who needs an aviation attorney?
Aviation law covers the legal rules governing aircraft, pilots, airlines, and airports including FAA regulations, international aviation law, and liability issues. Pilots facing FAA certificate actions, flight schools dealing with regulatory compliance, and businesses involved in aviation operations may all need an aviation attorney. Attorney Frank Steinberg has 50 years of experience as a pilot, giving him unique insight into these issues.
What happens if the FAA revokes or suspends my pilot certificate?
If the FAA proposes to suspend or revoke your certificate, you have the right to appeal to the National Transportation Safety Board. The process involves strict deadlines and complex procedural rules. It is critical to contact an aviation attorney immediately upon receiving any FAA enforcement action so your appeal rights are preserved.
What are common FAA violations that pilots face?
Common FAA violations include flying without a valid medical certificate, airspace violations, operating an unairworthy aircraft, failing to comply with ATC instructions, conducting flight instruction without a CFI certificate, and violations of VFR and IFR flight rules. Each of these can result in civil penalties, certificate suspension, or revocation.
Can an aviation attorney help me keep my pilot certificate?
Yes. An experienced aviation attorney can review the FAA case against you, identify procedural errors or weaknesses in their evidence, negotiate with the FAA for reduced penalties, and represent you before the NTSB if necessary. Having an attorney who is also an experienced pilot like Frank Steinberg provides a significant advantage in understanding the technical and regulatory nuances of your case.
Workplace Investigation
What is a workplace investigation?
A workplace investigation is a formal process used to examine allegations of misconduct, harassment, discrimination, or policy violations in the workplace. It typically involves interviewing witnesses, reviewing documents and records, and making factual findings. A properly conducted investigation protects both the employer and employees and helps prevent future liability.
When should an employer conduct a workplace investigation?
An employer should conduct a workplace investigation whenever a complaint of harassment, discrimination, retaliation, theft, or other serious misconduct is received. Prompt investigation is not just good practice – in many cases it is legally required. Failing to investigate can expose an employer to significant liability especially in harassment and discrimination cases.
Why should I hire an outside attorney to conduct a workplace investigation?
An outside attorney brings independence, objectivity, and legal expertise to the investigation. Internal investigations can be perceived as biased especially when allegations involve management. An attorney-conducted investigation also provides attorney-client privilege protection over the findings in many circumstances, and ensures the process meets legal standards that will hold up if the matter proceeds to litigation.
What rights do employees have during a workplace investigation?
Employees generally have the right to be treated fairly and without retaliation for participating in an investigation. They have the right to present their account of events and provide supporting evidence. Retaliation against anyone who participates in a workplace investigation is illegal under both federal and New Jersey law.

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