Employment Attorney/Wrongful Termination

Can anyone recommend an NJ attorney, maybe even a local one, that specialized in employment law and might be available for a quick chat? I checked through the archives and found a few names, but thought that maybe someone has worked with one more recently. Thanks.

So sorry you feel the need to ask this question. While I don't have a referral for you, I hope there are others on this board who have the expertise to help.

Thanks, Joan. I appreciate that. I just spoke with an attorney I found in the archives and he was very helpful and knowledgable. Lives in Maplewood too

Unless you have $5000 to pay up front-don't bother.

I had a very clear case based on disability discrimination with emails that proved it. But the lawyers attitude was that it wasn't profitable enough for them to take on contingency....and that is just 5000 to START....would likely be much more.

And if its a discrimination issue...you have to file through EEOC 1st...they just rubber stamp most cases as unfounded..and give you permission to be robbed by a lawyer. Half EEOC cases are over turned...and that is not counting cases that never go to court.

jmitw said:
Unless you have $5000 to pay up front-don't bother.
I had a very clear case based on disability discrimination with emails that proved it. But the lawyers attitude was that it wasn't profitable enough for them to take on contingency....and that is just 5000 to START....would likely be much more.


And if its a discrimination issue...you have to file through EEOC 1st...they just rubber stamp most cases as unfounded..and give you permission to be robbed by a lawyer. Half EEOC cases are over turned...and that is not counting cases that never go to court.

But a reputable attorney will spend some time with you so that you can determine if you even have a case either for free or for a moderate fee.

David Ben-Asher - lives in Mplwd

I came out "ahead" yes it does require $ upfront

new207040 said:
David Ben-Asher - lives in Mplwd
I came out "ahead" yes it does require $ upfront

I used David Ben-Asher ages ago and he gave me sound advice for minimal $. So, no harm in a consult.

tjohn said:

jmitw said:
Unless you have $5000 to pay up front-don't bother.
I had a very clear case based on disability discrimination with emails that proved it. But the lawyers attitude was that it wasn't profitable enough for them to take on contingency....and that is just 5000 to START....would likely be much more.


And if its a discrimination issue...you have to file through EEOC 1st...they just rubber stamp most cases as unfounded..and give you permission to be robbed by a lawyer. Half EEOC cases are over turned...and that is not counting cases that never go to court.

But a reputable attorney will spend some time with you so that you can determine if you even have a case either for free or for a moderate fee.

oh sure they took the time to say it looks like a good case....and they will take it if i can come up with cash...at that time i thought it was better to just move on and not sink money into a long battle i just wasn't physically up to...it does not good to have the free consults....when they won't even take the case for a low up front fee.....and my case was VERY similar to one that was in the paper ...but the guy had a much better job and got a million dollar settlement....the same medical condition and the same accommodation that was denied (and I was instead fired) were involved......i later found out that all the supervisors at that job were fired or reassigned to low level positions because that wasn't the only illegal activity they were involved in.

new207040 said:
David Ben-Asher - lives in Mplwd
I came out "ahead" yes it does require $ upfront

I'm guessing you really mean Jonathan Ben-Asher.

David H. Ben-Asher
Partnerdben-asher@rabnerallcorn.com
Download VCardPhone: (973) 744-4000 Ext: 114
Direct: (973) 842-4969
Fax: (973) 783-1524

52 Upper Montclair Plaza
Upper Montclair, New Jersey 07043

yourisolde said:
Can anyone recommend an NJ attorney, maybe even a local one, that specialized in employment law and might be available for a quick chat? I checked through the archives and found a few names, but thought that maybe someone has worked with one more recently. Thanks.

I sincerely wish you all the luck in the world with this. I worked in employment law for many years and saw too many sad cases of people not getting "justice" (I put in quotes because justice is in the eye of the beholder.)

mumstheword said:

yourisolde said:
Can anyone recommend an NJ attorney, maybe even a local one, that specialized in employment law and might be available for a quick chat? I checked through the archives and found a few names, but thought that maybe someone has worked with one more recently. Thanks.

I sincerely wish you all the luck in the world with this. I worked in employment law for many years and saw too many sad cases of people not getting "justice" (I put in quotes because justice is in the eye of the beholder.)

A good lawyer will help you understand the law and what you can do according to the law. Whether the laws are just is an entirely separate matter.

another thing to remember is you must 'mitigate the damages' meaning you have to try to get another job...the employer can claim you could have gotten a job elsewhere and therefore they are not responsible for continued pay

Tom_Reingold said:

new207040 said:
David Ben-Asher - lives in Mplwd
I came out "ahead" yes it does require $ upfront

I'm guessing you really mean Jonathan Ben-Asher.

NO - I meant what i said David Ben- Asher

David H. Ben-Asher, Esq.
Rabner, Allcorn, Baumgart & Ben-Asher, P.C.
52 Upper Montclair Plaza
Upper Montclair, New Jersey 07043-1391
Direct Dial: 973-842-4969
Main Number: 973-744-4000, Ext. 114
Fax: 973-783-1524
Email: dben-asher@rabnerallcorn.com
Website: www.rabnerallcorn.com

But he could have meant Jonathan Ben-Asher.

http://www.ritzandclark.com/jonathan-ben-asher.html

yourisolde said:
I just spoke with an attorney I found in the archives and he was very helpful and knowledgable. Lives in Maplewood too ">

Glad you found someone who could help you. Hopefully, your issue can be addressed and resolved.

Please consider the possibility that the attorney who would not front you the money for your case is not evil. Attorneys have to keep the lights on and pay a staff. Hard to do if the attorney himself/herself is not being paid.

There seems to be a lot of misinformation here based on isolated individual experiences. Many lawyers in this field will take a good case on a contingency and not require a substantial retainer. No, exhaustion of the EEOC remedy is not necessarily a prerequisite. The original poster has (appropriately) told us nothing about the case in this forum. I am a NJ attorney but this is not my practice area. If the original poster will pm me, I'll provide a couple of referrals to trusted colleagues in the filed.

YES FOR A DISCRIMINATION COMPLAINT YOU MUST FILE THROUGH EEOC (or NJ DCR) 1st....when they rubber stamp it as unfounded...they give you permission to file a lawsuit on your own (unless the law has changed recently).

If its not discrimination...you don't need to go through EEOC. (ie its a contract violation).

Most lawyers I contacted would not even respond...and NONE that I spoke to would even consider a contingency case unless it was hundreds of thousands of dollars.

I NEED A LAWYER FOR ANOTHER SERIOUS ISSUE. MY LIFE IS IN DANGER FROM ABUSE. I did pay one lawyer $4600 who just ignored me and royally screwed up...and now that I have been put in severe debt and can't afford my basic needs from the abuse...no other lawyer will help me....it doesn't bother them while they are living in their upper middle class life style that people like me are dying..when their peers stole fees and didn't do the job at all....and allowed the situation to get this paid..

in my job, if I didn't do the work, I didn't get paid...yet lawyers get to keep the fees for not doing the job...and people like me can't do a thing about it...

the office of attorney ethics is a JOKE.

I have had a number of good civil cases....but was repeatedly told the lawyers weren't interested in taking contingency cases at all. The abuse by one medical provider actually rose to the criminal level...but since I am poor and disabled...I have no rights....another engaged in disability discrimination, verbal abuse, failure to provide care (a home aide didn't show up half the time, took naps when he did, and did NOTHING in the care plan---Thanks taxpayers).....

I have been begging for help since 2009..and have only gotten abuse from every friend, social service, government agency, and lawyer that was supposed to help.

I read a story about a man who stole because he couldn't afford his basic needs....and someone commented that if he just asked..people would have helped....so I said I was in a similar situation...and needed help...AND NO ONE OFFERED....I can't even depend on someone to take out the garbage for me when I am too sick to even stand up.

I NEVER SAID ANYTHING ABOUT FRONTING MONEY.....AND LAWYERS WITH UPPER MIDDLE CLASS LIFESTYLES WILL NOT HAVE THEIR POWER TURNED OFF FROM DOING A LITTLE PRO BONO/CONTINGENCY WORK....

why is it okay for me to die from abuse...but god forbid a lawyer might donate a few hours of time every couple of weeks.

I DONATED MANY HOURS PER WEEK WHEN I COULD.....a minimum of 10 hours per week at 2-3 different volunteer jobs...and trust me, I was earning a LOT less than a lawyer at my paid job....but now that I am the one that needs help....no one gives a damn

giving a few hours of time does not take away a significant amount of a lawyers income and would not make them unable to pay the bills...i could come up with the money for expenses....

unlike me who can't even afford food or medical copays or gas to get to the grocery store..without going further into debt....

I am so physically ill I struggle just to get to the bathroom and eat many days.....i gave of myself since I was in elementary school..i put my life at risk for others at times...i have had health problems since I was 5...by the time I graduated from college, i was too sick to go to graduation.....and have worked harder to survive that most lawyers did to get through law school..yet my life is worthless..because lawyers deserve to be able to keep a lot of money in the bank and maintain their upper middle class lifestyle...

I do know what I am talking about re EEOC......if someone is going to say I am wrong..feel free to do the research yourself......I have actually been through the process....

contingency only refers to the FEE, not the expenses

http://www.wisegeek.org/what-does-paying-a-lawyer-on-contingency-mean.htm

the last lawyer I paid was $4600 fee plus $1000 in expenses I paid directly..for him to not do the job...his brief was a work of fiction and I found out he approached the case in the OPPOSITE way it should have been handled....he claimed to specialize in the area (and was about 15-20 years experienced)..but was obviously clueless...i was trying to find another lawyer, but was too sick to fight...

And even now that I am very sick and can't meet my own needs, I spend some of what little energy I have on a couple other message boards related to my area of expertise....helping others...doing research for them..point to resources, explaining things, etc....it is actually hard to use a computer as it is very painful....but I still try to help..without getting paid....even though I am at risk for having my power turned off and can't pay to hire someone to help me around the house.....

so the argument that a lawyer wouldn't suffer severe financial issues by dedicating a few hours to pro bono/contingency or just very low fee work is nonsense....

it amazes me how people in high paying occupations claim poverty when they have multiple real estate investments, high end cars, multiple vacations per year, $15,000 every day jewelry, $20,000 paintings on the wall....such expensive furniture you aren't even allowed to sit on it except for special occasions, college funds that will cover the kids education at an ivy league school, a large retirement/savings fund..but when it comes to helping someone like me who is too sick to help herself...they can't afford it...

I do know some people like this (that claim they are financially strapped) in various professions....medical, accounting, law.....one day they are saying they can't afford things...the next day bragging they have a million in the bank...

@jmitw - I'm very sorry to hear of your troubles. In case you haven't seen this, it's a pretty comprehensive list of various low-cost and pro-bono legal services offered in Essex County to income-eligible people. You mentioned your illness - there is an organization called the Community Health Law Project which provides services to persons with disabilities. They might be a good place to start, and they have an office in South Orange. There are also many other volunteer legal organizations, including Seton Hall and Rutgers law school clinics. It sounds like you've been through a lot and I hope one of these organizations can help you.

https://www.judiciary.state.nj.us/essex/ombudsman/Essex_legal_resources.pdf

not only did I give my time...i gave my financial resources to others...from the time I was 13.....even when i made barely above minimum wage in high school and college...even when I was only making 20k/year with my 1st full time job...even my my highest income was 70k/year (most years were 50k or less)...i didn't "front" money to my clients...i willingly offered food, toys, diapers, clothes...that was not even part of my job..with no expectation of repayment ever....i donated my time on top of the regular service to help them with secondary issues...yet a lawyer claims poverty and couldn't possibly help.....