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New Jersey Employment Law Questions & Answers
3 Answers | Asked in Employment Law for New Jersey on
Q: Does my employer have to pay me to change into and out of a required, fire retardant uniform

I work at a chemical plant and fire retardant clothing is required. I change in the company locker room. They also launder the soiled uniforms

John Michael Frick
John Michael Frick
answered on Feb 24, 2023

Unless you are a union member or work in an agency shop and the union has negotiated a collective bargaining agreement that provides your employer does not have to pay you for the time spent changing into the required clothing, an employer must pay you for the time you spend changing into required... View More

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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

Eva Zelson
Eva Zelson
answered on Dec 21, 2022

Your employer is not obligated to grant your disability accommodation exactly as you requested. However, they are obligated to engage in an active dialogue with you to reach an agreement that will work for both parties. If your employer is refusing to engage in a dialogue with you, contact an... View More

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1 Answer | Asked in Employment Law for New Jersey on
Q: Can an employer require me to sign a non compete agreement after I have already resigned? I am in food services.

The business owner is threatening to withhold my wages of about $1,000 if I do not sign.

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin
answered on Oct 21, 2022

An employee cannot withhold an employee's check for this reason in NJ. If this occurs you should file a wage claim with NJ Department of Labor. An employee has no obligation to sign such a document after resignation.

1 Answer | Asked in Employment Law for New Jersey on
Q: I have a physical disability and I am certain a company didn’t hire me because of it. Can I sue them?
Paula M. Dillon
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Paula M. Dillon
answered on Jan 31, 2024

Failure to hire based on a disability is a violation of the NJ LAD.

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: In the state of NJ, if I was classified as exempt but had no authority to hire or fire employees, or budget control was

I didn't have any control over my budget. All decisions were made by upper level management. I was a branch office manager by title. Do I have a case for Misclassification of exempt status. I wasn't allowed to record the hours I worked each week in the payroll system. I had a scheduled... View More

Paula M. Dillon
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Paula M. Dillon
answered on Jan 4, 2024

I would need to know more information about your job duties and responsibilities. You may have other claims. Certainly after 44 years, there is some question about why you wouldn't have been retained.

Q: I need help about how to calculate the compensation of a wrongful termination.

I was fired because of my disability and because I was being harassed by my coworkers at the time I was complaining about it to my superiors.

The case is already under investigation with the department of civil rights of New Jersey. But just in case I need a plan b, I'd like to know... View More

Paula M. Dillon
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Paula M. Dillon
answered on Dec 13, 2023

it is not clear to me whether your injuries were caused on the job and whether you filed a workers' compensation claim. You would need to contact a workers' compensation attorney. We can help you with that. you could have a separate disability discrimination case but I would need more... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: Does this situation constitute employer retaliation, and does my case hold merit?

I recently requested a reasonable accommodation from my employer due to a medical condition, and although the request was reluctantly granted, I have since discovered the creation of a new employee position with the same title and reporting structure as mine. The employer attributes this to... View More

Paula M. Dillon
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Paula M. Dillon
answered on Dec 5, 2023

It doesn't appear you have suffered any damages. If you are fired, or demoted or lose pay, or some other adverse action is taken against you by your employer, you may have a case.

1 Answer | Asked in Civil Litigation, Education Law, Employment Discrimination and Employment Law for New Jersey on
Q: In a title 7 federal civil rights law suit what are the rules of law

I’ve been a state employee in NJ who has been reporting civil rights violations and just recently received a letter from the EEOC stating that my civil rights have been violated

Todd B. Kotler
Todd B. Kotler
answered on Nov 28, 2023

This question only contains enough information to advise that this person needs to meet with and hire a NJ attorney who specializes in civil rights law. An attorney needs to read that letter if it is a "right-to-sue" letter, Title VII claims must be filed 90 days from the date the... View More

1 Answer | Asked in Employment Law for New Jersey on
Q: I have been referred to RAMP when I disclosed my Issues with alcohol, to avoid termination. Are there any alternatives?

I am not involved in daily pt care. I never consumed while working nor did I ever report to work intoxicated.

T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2023

If you are not involved in daily patient care and you never consumed alcohol while working or reported to work intoxicated, you may be able to avoid RAMP altogether. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: Can a restaurant manager threatens to terminate an employee over personal reasons?

A threat was made of “keep my name out of your mouth or I’ll get you fired”

Paula M. Dillon
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Paula M. Dillon
answered on Oct 2, 2023

Would need to know what you are saying about the manager. If improper behavior by the manager, report the person to the owner. See if there is a handbook which regulates workplace activity.

1 Answer | Asked in Employment Law for New Jersey on
Q: Can my former employer prevent my former manager from contacting me for “liability issues”?

My job was recently affected by a large layoff due to the company losing a significant amount of business. I was close with my manager and he initially offered help with reviewing my resume and finding a new job. However i quickly stopped hearing from him when reaching out for help. I found out... View More

Paula M. Dillon
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Paula M. Dillon
answered on Sep 20, 2023

Once you are separated from a place of employment there is no obligation of the employer to have contact with the employee. It is not clear what you mean by "liability". However, they may be concerned about a potential lawsuit against the company by the former employee.

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: Can an employer not pay overtime because they categorize the hours worked as a special stipend shift ?
Paula M. Dillon
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Paula M. Dillon
answered on Jun 8, 2023

I would need more information but technically, if you are an hourly employee and work more than 40 hours in a week, you are entitled to time and a half.

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: Is it legal for a prospective employer to not consider that individual for candidacy because of ADA accommodations?

If teleworking would be a reasonable accommodation for an individual, is it legal for a prospective employer to not consider that individual for candidacy because of said accommodation?

Example: if a job applicant meets qualifications, but would need to work remotely as an accommodation for... View More

Paula M. Dillon
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Paula M. Dillon
answered on Jun 7, 2023

Employers do not necessarily have to accommodate employees by letting them work remotely. It depends in part on the business of the company, the position, and how the rest of the company operates.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for New Jersey on
Q: Is it possible to sue former employer for lost wages after he refuses to complete paperwork to get my plumbing license?

He paid for my school and agreed verbally to sponsor me to get my plumbing license. Seven years later he’s refusing to fill out the apprenticeship certification for me. Is it possible to sue for lost wages for what I would have been making as a licensed master plumber?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2023

There is an insufficient factual basis to answer your question. Without knowing the reasons why he will not fill out the apprenticeship certification it is impossible to answer your question. You are probably going to require a consultation with an experienced attorney to determine what options you... View More

1 Answer | Asked in Employment Law for New Jersey on
Q: Is there a way around: NJ revised statute Section 43:1-2 - Suspension of right, or disqualification, during confinement

My mother was retired receiving pension from the state of NJ when she passed. By law, I, her benefiary was supposed to continue to receive her pension; however, I am being denied because I am incarcerated.

NJ revised statute Section 43:1-2 - Suspension of right, or disqualification, during... View More

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

This doesn't sound like an employment law question to me. I would suggest that you consult with a New Jersey - Criminal law attorney regarding your rights.

1 Answer | Asked in Employment Law for New Jersey on
Q: Can I fire an employee in NJ if they can't perform all job responsibilities? Have been undergoing medical eval for 3 mo

Have at will contract. Employee has not taken leave and is doing most tasks but not this key one. Has provided dr note restricting activity while under medical evaluation. Small business and other staff can't sustain continuing to take on this extra work which is physically demanding.

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on May 9, 2023

You would have to engage in the interactive process set forth in EEOC guidelines.

You will need to determine if this is a permanent or temporary job restriction.

1 Answer | Asked in Employment Law for New Jersey on
Q: I am in New Jersey and I was paid under the minimum wage at a job I worked for 3 days in what can I do? I was paid 12.75

I worked there for 3 days and left the minimum wage in nj is higher than 12.75 what can I do?

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Apr 9, 2023

You can file a complaint with the NJ Department of Labor division of wage and hour

1 Answer | Asked in Employment Law for New Jersey on
Q: Can an employee earn accruals, vacation, sick, personal, while on an unpaid leave of absence?
Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Mar 30, 2023

usually not.

If you are a union member, check the CBA

1 Answer | Asked in Employment Law for New Jersey on
Q: Do you have to fill out a form and request and give it to your manager before speaking to HR?

Managers told us HR needed updated drivers licenses and passports. When asked why no answer other than it was needed was given. I went to HR to get an answer and was told because of audit. I was fine with the answer, but received a message from my manager saying they never said I could go to HR and... View More

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Mar 30, 2023

They really have no basis to prevent you from speaking to HR. They may referring to the chain of command. But i don't see why you can't call HR directly.

1 Answer | Asked in Employment Law for New Jersey on
Q: As an individual, can I use an out-of-state address of a co-working space or "virtual office" to match a company's reqs?

I am interested to better understand the restrictions that some remote jobs have regarding the states where they can hire employees. I live in NJ, but a Company that I'm interested in cannot hire employees in this state.

I've read that companies are restricted due to tax and legal... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2023

I have no idea why this company would preclude you from working in New Jersey. A significant amount od addition information would be required to get an understanding of your situation. Good luck.

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