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Questions Answered by Paula M. Dillon
1 Answer | Asked in Employment Law for New Jersey on
Q: Can my employer take money out my paycheck for they mistake ?

My job deposit money to my bank account and I didn’t know it was an error they didn’t tell me nothing I found out by looking at my next paycheck and seeing I had 100 dollars so when I checked they took out 500 dollars and it’s wasn’t even for taxes it says Ret DD can they do that even... View More

Paula M. Dillon
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Paula M. Dillon
answered on Sep 28, 2023

if the company improperly deposited money, then they are entitled to its return. They should not be taking back "more" than what was the error. You can report them to the Division of Wage and Hour of the NJ Dept of Labor if they are doing that.

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
PREMIUM
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
PREMIUM
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 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
PREMIUM
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 Discrimination for New Jersey on
Q: An interviewer asked my age during an interview and didn’t select me for employment. Can I file a complaint with eeoc?

Also insulted me at the start of the interview.

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Sep 23, 2023

You can file with the Eeoc

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
PREMIUM
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.

3 Answers | Asked in Employment Law and Business Law for New Jersey on
Q: Hi, I have been audited by the NJ Dep. of Labor and they have concluded sub-contractor does not meet the requirements

NJ State auditor concluded:

Individuals do not meet the requirements of Section 19(I) (6) (A) (B) (C).

As such payments to such individuals are determined to be taxable for New Jersey UI/DI/FLI taxes.

My Sub-contractor is an employee of your business entity. He must be on... View More

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Sep 14, 2023

if the state is making the determination he is an employee, then you must follow their ruling.

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2 Answers | Asked in Employment Law for New Jersey on
Q: Is an employer allowed to make you take a day off without pay for no reason and refuse to let you work bc of a holiday?

I am on a “probation” period as all newer employees are, but it doesn’t seem right to refuse to pay you for a holiday, make you stay home, and not give you work if you asked so you can get paid 40 hours that week.

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Jul 10, 2023

Your employer can make changes to the hours you are working.

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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
PREMIUM
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
PREMIUM
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.

2 Answers | Asked in Employment Law and Health Care Law for New Jersey on
Q: Coworker announced I was leaving early for medical procedure, is that against HIPPA?

I have MS and need to leave my job early 1x a month to get a medical infusion with my medications. This week, a member of the dispatch team announced Via email that I was leaving early for an infusion. This went to over 10 of my coworkers. Is this something that I can seek action on against my... View More

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Jun 2, 2023

I would recommend that you make a complaint with Human Resources to prevent this from happening again.

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2 Answers | Asked in Employment Law for New Jersey on
Q: Am I required to hold an emergency/on call phone when my employee contract never stated one ?

They want to write me up for missing a call at 2 am and I never even agreed to accept the phone they made us take it

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on May 18, 2023

it would depend on the job you have

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2 Answers | Asked in Employment Law for New Jersey on
Q: my job requires us to be on call for a week at a time. We are only compensated for time+.5 for hours worked not waited

I just want to know if that sounds right, we are expected to answer at any point and time and phone has to always be charged I never signed anything to be on call it just ended up being thrown onto me

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on May 18, 2023

You should be paid for all hours worked.

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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.

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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