The NJLAD’s fee-Shifting provision: A ray of hope for employers

by on
in Discrimination and Harassment,Employment Law,Human Resources,Leaders & Managers,Performance Reviews

Harassment and retaliation claims are on the rise in workplaces across the country. Some cases are legitimate, but many are not. They’re brought by employees seeking to have a court rule on trivial workplace disputes that have no sufficient factual or legal basis.

Now there’s a ray of hope for employers that have been victimized by such frivolous lawsuits. A January decision by the Appellate Division of the Superior Court of New Jersey may help employers recover attorneys’ fees and costs. In the case of Michael v. Robert Wood Johnson University Hospital, the court interpreted the “bad faith” circumstances under which employers that have won New Jersey Law Against Discrimination (NJLAD) cases can recover some of the money they spent defending themselves.

While the Appellate Division cautioned that a court may take into account the economic circumstances of the unsuccessful plaintiff, this decision may provide some me...(register to read more)

To read the rest of this article you must first register with your email address.

Email Address:

Leave a Comment