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Questions Answered by Paula M. Dillon
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

Paula M. Dillon
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Paula M. Dillon
answered on Feb 24, 2023

This will depend on whether you are a union member in which case you should look at the collective bargaining agreement.

In your situation, where you're required to where the fire retardant clothing bc the job requires it, the taking off and putting on "donning and doffing"...
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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... Read more »

Paula M. Dillon
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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?

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
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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
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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
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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
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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... Read more »

Paula M. Dillon
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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
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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... Read more »

Paula M. Dillon
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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... Read more »

Paula M. Dillon
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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
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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... Read 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... Read 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... Read 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.

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