Joseph & Herzfeld LLP
E-Mail: info@jhllp.com

Toll Free: 866-348-7394

Employment law is comprised of a complex network of statutes, regulations and case law that controls how employers must treat employees. Unfortunately, many employers violate these rules.

At Joseph & Herzfeld, we represent employees in all aspects of the employer/employee relationship. We are top-tier attorneys, many of whom have prior experience as lawyers for Fortune 500 companies. Having worked on both sides of employment law, we can often anticipate your employer's arguments, helping us begin your case a step ahead of the opposition. Our level of knowledge, experience, energy and dedication will give you the comfort of knowing that you are not alone in standing up for your rights.

We generally take employment claims on a contingency basis, which means if we do not help you recover money from your employer, either by a judgment of the court or by settlement with the employer, you do not have to pay us attorney fees.* We believe in what we do for you, and we are passionate about doing everything in our power to make sure you are treated fairly by your employer and your employer's attorney.

We aggressively litigate the following types of claims on behalf of workers:

Sexual Harassment
There are two major categories of sexual harassment:

Hostile-work environment sexual harassment - where an employer subjects an employee in his/her work environment to unwelcome verbal or physical sexual behavior, or other abusive behavior directed disproportionately against women, that is either severe or pervasive.

Quid pro quo sexual harassment - where the employer conditions decisions on satisfaction of a sexual demand.

Our firm has helped many people obtain fair compensation for sexual harassment they have suffered in an employment situation.

Racial Harassment
There is no excuse for race-based harassment. We help the victims of this illegal behavior recover for the wrong done to them.

Hostile Work Environment
When an employer subjects an employee in his/her work environment to pervasive discriminatory behavior, the employee may have a hostile work environment claim. At Joseph & Herzfeld, we want to help you recover for your employer's failure to remedy a hostile work environment. The term "hostile work environment" does not cover environments that are hostile, unpleasant or unfair unless the hostility involves severe or pervasive discriminatory behavior.

Discrimination Claims
State and federal laws prohibit an employer from taking any adverse employment action - including discharge, lack of promotion and unequal pay - because of an employee's race, color, sex, age, national origin, religion, disability, pregnancy and, in certain situations and jurisdictions, (e.g., New York, New Jersey and California), sexual orientation. At Joseph & Herzfeld, we pursue your discrimination claims so that you get the result you know was worth the fight.

Whistleblower Claims
If an employee reports wrongful or illegal conduct on the part of an employer and is fired or otherwise punished for it, the employer may be liable under federal (i.e., the Sarbanes-Oxley Act) or state law. We pursue retaliating employers to the fullest extent of the law on behalf of our clients. It is important to note that claims made under the Sarbanes-Oxley Act have a 90-day statute of limitations, so it is important to act quickly.

state benefit Plan Violations
We represent plan participants and beneficiaries in claims arising from an employer's restructuring and reduction-in-force strategies, such as offers of severance benefits or early-retirement incentives. When your employer's improper level of contribution or other wrongful behavior interferes with your benefits, we want to ensure that you are compensated.

Family Medical Leave Act Violations
The Family and Medical Leave Act (FMLA) of 1993 may provide job security for a limited period when you need time off to due to your own serious health condition, a family member's serious health condition, to care for a newborn, or during placement of an adopted or foster child. If the FMLA applies to your employment situation, we can help you determine if your employer has violated the FMLA and what type of compensation you deserve.

Americans with Disabilities Act Violations
The ADA and local laws prohibit discrimination against and harassment of a qualified individual with a disability who can perform the essential functions of his or her job with reasonable accommodation. If you have suffered discrimination based on your disability, contact us to discuss the ways in which we will help you.

Site Closings and Mass Layoffs
Losing your job can be devastating. This can be overwhelming in the event of a plant or office closing and resulting mass layoffs. We can help determine what your rights are in a closing-related termination or extensive "down-sizing" in which many employees lose their livelihoods. If your employer is large enough to qualify under the federal WARN Act and has fired more than one third of its employees, or 500 or more employees without 60 days written notice, the WARN Act may warrant compensation.

Wage and Hour Class Actions
Employers in a variety of industries have paid millions to settle the claims of non-management employees who did not receive appropriate pay for the hours they worked including mandatory overtime or incorrectly computed overtime premiums, among other wage and hourinfractions. At Joseph & Herzfeld, we help employees get the compensation they deserve when an employer violates the wage and hour laws.

Severance Package Reviews
In addition to employment-related litigation, we also review severance package offers to help you determine whether or not a former employer is treating you fairly. Unless the severance package review implicates one of the types of claims discussed above, we handle severance review on an hourly basis only. This service is expensive, and you should retain us for severance review only if you are a senior executive or if you work in a field (such as technology) where non-compete, non-solicitation, or confidentiality provisions in a proposed severance package may impair your ability to find future work.

Toll Free: 866-348-7394
Fax: 877-293-4152

* The ethical rules governing lawyers' advertising require that we include the following language:
A lawyer or law firm advertising any contingent fee rates shall, at the time of the fee publication, disclose:
1. Whether percentages are computed before or after deduction of costs, disbursements and other expenses of litigation;
2. That, in the event there is no recovery, the client shall remain liable for the expenses of litigation, including court costs and disbursements.

At Joseph & Herzfeld LLP, we calculate the fee percentage after deduction of costs.

"Expenses of litigation" do not include attorneys fees, but rather items such as court filing fees. We will not incur expenses without your prior written authorization.