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Questions Answered by Paula M. Dillon
2 Answers | Asked in Employment Law for New Jersey on
Q: I work in NJ as a server/bartender. Is it legal to make the servers pay the credit card fees of the restaurant?

I recently was told that it is illegal to make guests who pay in cash, pay credit card fees. I had nothing to with the terms of agreement between the bank and owners. Why would I be responsible for those fees?

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Mar 13, 2023

the fee could be passed on to the consumer

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1 Answer | Asked in Employment Law for New Jersey on
Q: my employer takes money from my weekly pay for taxes he has to pay for money he pay me under the table it’s 20 percent

What can I do I feel this is just not right it’s bad enough I have to be paid under the table but for him to tax my pay for his taxes he is responsible for

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Feb 16, 2023

You should report your employer to the Department of Labor.

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: Should I voluntarily leave before being put on a pip after requesting mutual separation?

Seems like I'm being "squeezed" out. Having issues w my manager and asked her about looking into an amicable mutual separation. After this I was told my choices are to resign w 3 weeks notice no severance applicable (11 years of service) or continue on under a PIP for the next... View More

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Jan 20, 2023

It is important not to quit in NJ if you want to be eligible for unemployment.

2 Answers | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: I am looking for support for an ADA issue I am dealing with at my workplace, regarding an ADA accommodation denied

I am asking to work remote 5 days per week. We already are remote 3 days per week. I have provided several doctor's note about my disability in hopes they would accommodate something that 1. we already do more than half the week and 2. the entire company did during COVID which proved remote... View More

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Dec 16, 2022

They do not have to permit you to work remote 5 days a week. But they do have to engage in an interactive dialogue with you to explain their position.

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1 Answer | Asked in Appeals / Appellate Law and Employment Law for New Jersey on
Q: What lawyer would I hire to fight for my unemployment benefits after being denied for voluntarily leave appeal
Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Dec 15, 2022

Some employment lawyers handle unemployment appeals.

1 Answer | Asked in Employment Law for New Jersey on
Q: In regards to conflict and confidentiality at a job place in NJ & CA and the length of time it’s still enforced.

Thank you Paula for your initial response. What the employees signed was the last page of an employee manuel. None of the pages had a date. Should this still be a concern in reference to the question in regards to conflict of interest and confidentiality. There is no date of reference to comply... View More

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Aug 12, 2022

You may have separately signed a non-solicitation, non-compete. I would be very careful.

1 Answer | Asked in Employment Law for New Jersey on
Q: In NJ & Cali is there statues of limitation on conflict of interest & confidentiality clause?Left job 4 1/2 yrs ago.

I have a company wanting me to consult (I am currently not working) however, it would involve me calling some former clients to see if they would be interested in paying lower fees . If so I would forward them to the new company. The employee manual clause from the old company states: All... View More

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Aug 12, 2022

You have to look at how long the non-compete or non-solicitation clause was in effect. you may also want the new company to agree to represent you if your old company goes after you.

1 Answer | Asked in Employment Law for New Jersey on
Q: applied for unemployment trying to apply for Temp Disability. Can’t reach anyone by phone and I’m locked out of website

Who can assist me?

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Aug 10, 2022

you can make an appointment for an in person meeting.

1 Answer | Asked in Employment Law for New Jersey on
Q: Anything I can do about getting denied leave for a medically necessary procedure?

My job recently denied my medically necessary leave to repair torn ligaments in my ankle. They told me I do not qualify for FMLA in NJ because I started as a temp so I have not been employed for 12 months, even though I blow past the hours requirement. I was told to apply for "reasonable... View More

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Jul 26, 2022

You may be entitled to other leave. I would need to know more information.

1 Answer | Asked in Employment Law for New Jersey on
Q: The prison I work at is closing , are positions given based on seniority or title seniority
Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Jun 8, 2022

it depends on what it says in the collective bargaining agreement

1 Answer | Asked in Employment Law for New Jersey on
Q: I got hurt on my job and filed a claim with my employer and was denied based on article 34:15. which is very long.

What do i do next

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on May 19, 2022

you need to speak to a lawyer. i would need more facts/information.

1 Answer | Asked in Employment Law for New Jersey on
Q: Fired due to coworker false accusations I wasn't allowed to have a meeting with coworker and boss to clear fabrications

My employer wrote me up then fired me due to coworker making up complete lies to cover up her lack of working.i I finally askedmy director can we all speak together so Ivan hear it directly to me not about me hearsay she said no I don't like confrontations. I stated thati should be allowed to... View More

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on May 5, 2022

Your employer does not necessarily have to hear your version. Are you a union member? If so, you can file a grievance. Have you experienced discrimination or complained of discrimination/illegal activity in the workplace? Could this be the real reason for the termination?

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: Do I have a case for wrongful termination if there was no investigation done? Also have concerns with discrimination

along with harrasment from a Supervisor. I had a clean record up until last month which resulted in HR intervene. Requested to move to another shift to which the manager would not approve as I was labeled "a problem not moving" HR had me sit in a meeting with the manager and supervisor... View More

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Apr 25, 2022

i would need to know more information.

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: when you are hired by a recruiter for a larger firm (at&t) if employment law is broken who is legally liable?

hired by a recruiter , denied employment for failed drug test, the drug is legal in my state (recreation and medicinal) my state protects people against denial of employment on the grounds of discrimination. im trying to find out who can i sue. the recruiter or the firm who the recruiter is hiring... View More

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Apr 24, 2022

it could be both.

1 Answer | Asked in Employment Law for New Jersey on
Q: I'm a 58 year old legal U.S. citizen that has been employed year round at the same warehouse job for 10 years.

My boss requires me to punch in 1 hour AFTER I have started work (start at 6:30am, punch in at 7:30am). This has been going on for 6 years. Is this legal? I have lost a large amount of PTO by doing this.

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Mar 8, 2022

You should be paid for all hours worked. If you are required to begin work at 6:30 am, you should be paid for that time.

1 Answer | Asked in Employment Law for New Jersey on
Q: Am I obligated to perform work for an ex-employer that they say I left unfinished?

I left my previous employer about a month ago, amid extreme frustration with the 55-hour workload we were expected to shoehorn into 40 hours and work culture that gave zero useful feedback. Still, before I left, I did my best to make sure I was leaving no loose ends for my co-workers. It was a... View More

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Feb 14, 2022

You are not obligated to do anything further based on the information you have provided. If they want to pay you to complete something, and you want to do it, then that is fine. Otherwise, they can't force you to work without compensating you.

3 Answers | Asked in Employment Law for New Jersey on
Q: My employer is requiring everyone gets vaccinated against COVID but I recently heard SCOTUS denied President Biden's

Vaccine mandate. Based on this, can my employer still require my vaccination or weekly testing,?

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Jan 16, 2022

Yes. Private employers can require their employees to be vaccinated.

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2 Answers | Asked in Employment Law for New Jersey on
Q: People in my close family has tested positive for Covid, I want to get tested for work but they are telling me to come

I am trying to get tested but everywhere is full, when I told my job I’m not comfortable with coming in until I get tested they told me it’s fine and to just wear a mask. He even implied that regardless if I’m positive or not I can come it. My manager is also working even after testing... View More

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Dec 27, 2021

You can call the State of NJ or the Board of Health of the town where you are working. You can tell them it violates the CDC regulations. If they take some action against you, you should consult with a lawyer

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1 Answer | Asked in Employment Law for New Jersey on
Q: Hello! I work for 5 hours a day as a minor in New Jersey, am I allowed to have a break?
Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Dec 16, 2021

Minors under 18 years old must get a 30-minute meal break after 5 consecutive hours of work.

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