Mr. Eibeler represents New Jersey employees in all areas of employment law, including sexual harassment, wrongful termination, disability discrimination, FMLA, whistleblower retaliation, discrimination and hostile work environment. Mr. Eibeler also represents individuals and small businesses in restrictive covenant litigation, including non-competes, unfair competition, non-solicitation and breach of loyalty cases. In addition to his employment law practice, Mr. Eibeler also represents independent sales representatives in unpaid commission matters. Mr. Eibeler also regularly appears before the Appeal Tribunal, Board of Review and Appellate Division representing persons in unemployment compensation claims.
- Employment Law
- Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination
- Civil Rights
- Americans with Disabilities Act (ADA), Discrimination, Employment, Fair Housing, Police Misconduct, Privacy Law
- Contingent Fees
- New Jersey
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- U.S. District Court District of New Jersey
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- English: Spoken, Written
- Partner
- Smith Eibeler, LLC
- - Current
- Associate
- Smith, Smith & Curley, P.C.
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- Albany Law School
- J.D.
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- College of Saint Rose School of Business
- MBA
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- Rutgers University - New Brunswick/Piscataway
- B.A. | Political Science
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- New Jersey State Bar # 031772004
- Member
- Current
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- National Employment Lawyers Association
- Member
- Current
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- Q. My employer is attempting to suspend me without pay as punishment for performance. Nothing is in our handbook. Can they?
- A: New Jersey is an at-will state, meaning an employer can discipline or terminate an employee for any reason or no reason at all, so long as the reason is not an illegal reason. An employer's failure to follow its own disciplinary procedures may be viewed a pre-text in cases of discrimination. However, the employee, as the potential plaintiff, must first allege a prima facie case for discrimination, harassment or other illegal employment reason.
- Q. Following countless reports of discriminatory treatment, my employer falsified documents to frame in me. Now what?
- A: In order to prove a claim of retaliation, you will have to prove that you made a reasonable and good faith complaint of discrimination and suffered an adverse employment action For making your complaint. I would strongly recommend that you consult an experienced employment attorney as soon as possible and prior to your OAL disciplinary hearing.
- Q. I hurt myself outside of work and need to go on 'light duty' for two weeks at my doctor's orders. Can my employer
- A: An employer must engage in an interactive process with an employee who is in need of a reasonable accommodation because of a disabilty. This requires both the employee and the employer to act in good faith, share information with each other and openly communicate. If an employer can show that the employees request and/or other potential accommodations would constitute an undue burden on their business operations, they may be able to deny the request. Whether the requested accommodation is reasonable is a fact specific inquiry and therefore it is highly recommended that you consult with an experience employment attorney who can provide you with legal advice and consultation based upon the specifics ... Read More
