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
- Civil Rights
- Contingent Fees
- New Jersey
- U.S. District Court District of New Jersey
- English: Spoken, Written
- Smith Eibeler, LLC
- - Current
- Smith, Smith & Curley, P.C.
- College of Saint Rose School of Business
- Albany Law School
- Rutgers University - New Brunswick/Piscataway
- B.A. | Political Science
- New Jersey State Bar # 031772004
- National Employment Lawyers Association
- Christopher J. Eibeler's Website profile
- Smith Eibeler, LLC Website
- New Jersey Employment Lawyers Blog
- Court Upholds Verdict In Favor of Whistleblower Who Complained Of Misuse of Public Funds
5 December 2019
- New Jersey Legislature Grapples with Amending Worker Misclassification Law
27 November 2019
- New Jersey Transgender Equality Task Force Issues Recommendations to Address LGBTQ Discrimination
21 November 2019
- New York Becomes Latest State to Exempt Breastfeeding Moms from Jury Duty: Will New Jersey Follow?
13 November 2019
- New Study Shows Uptick in College Sexual Assaults
7 November 2019
- NBC Relieves Sexually Harassed Employees From Confidentiality Obligations
28 October 2019
- Federal Court Rules HR Director Inquiries into a Workplace Investigation as Protected Speech under First Amendment
25 October 2019
- New Jersey Court Rules that ADP Can Be Liable for Discrimination as a Professional Employer Organization
17 October 2019
- New Jersey Disability Discrimination Law: Revisiting Tynan v. Vicinage 13
10 October 2019
- 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 of your circumstances.
- Q. If I just got fired, how do I know if it was a wrongful termination?
- A: An employer can terminate an employee in who is employed at will in New Jersey for any reason or no reason at all so long as the reason is not an illegal one. Illegal reasons include terminations based upon discrimination, retaliation and hostile work environment. In determing whether A termination was for an illegal reason, it is strongly recommended that the employee contact an experienced employment lawyer to review all the facts and circumstances surrounding the termination and determine whether they have any potential claims
- Q. My co-worker keeps asking me out and I am uncomfortable with it. Should I let my boss know?
- A: An employer has an obligation to have an effective anti-discrimination policy and to exercise reasonable care to prevent and correct promptly any sexually harassing behavior. As an employee who is being harassed by unwelcomed harassment, you should take advantage of any preventive or corrective opportunties provided by the employer, which would include informing management and/or HR of the harassment. It is always recommended you consult with an experienced employment lawyer to discuss the specific facts concerning your situation and to review/analyze your company’s anti-harassment policy.
- Q. Does harassment need to be repetitive in order to bring a case against my boss?
- A: Unlawful harassment must be severe or pervasive to be actionable under New Jersey law. Whether a single act of harassment or discrimination can give rise to an actionable hostile work environment is a fact sensitive inquiry that requires the review and analysis of an experienced employment lawyer.
- Q. A coworker made a bogus sexual harassment charge up just to get me fired. What should I do to fight back?
- A: Employers have an obligation to conduct a prompt, thorough and complete investigation into complaints of sexual harassment. This obligation is owed to both the alleged victim and the accused. A proper investigation will include the accused being interviewed by the investigator. You should be prepared to tell the truth and answer all questions to the best of your ability. I would also recommend you consult with an experienced employment lawyer prior to your interview.