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Questions Answered by Christopher J. Eibeler

1 Answer | Asked in Employment Law for New Jersey on

Q: If I just got fired, how do I know if it was a wrongful termination?

Christopher J. Eibeler answered on Oct 6, 2018

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... Read more »

1 Answer | Asked in Employment Law for New Jersey on

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

legally refuse this request?

Christopher J. Eibeler answered on Sep 15, 2018

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... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on

Q: Following countless reports of discriminatory treatment, my employer falsified documents to frame in me. Now what?

I am considering using an attorney at my OAL disciplinary hearing. It should be relatively easy since they falsified documents against me, violated their confidentiality policy, time frame policy, and out right lied on me. The internal affairs officer was since fired but the State is now forced to... Read more »

Christopher J. Eibeler answered on Aug 5, 2018

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... Read more »

1 Answer | Asked in Employment Discrimination for New Jersey on

Q: My co-worker keeps asking me out and I am uncomfortable with it. Should I let my boss know?

Christopher J. Eibeler answered on Aug 4, 2018

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... Read more »

1 Answer | Asked in Employment Law for New Jersey on

Q: My employer is attempting to suspend me without pay as punishment for performance. Nothing is in our handbook. Can they?

I was given a performance improvement plan as my first written disciplinary infraction after being employed for approximately a year and a half. Suspension is not mentioned as a consequence. No review of my performance was ever conducted. I as given a self review to fill out months ago, which I... Read more »

Christopher J. Eibeler answered on Jul 25, 2018

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.... Read more »

1 Answer | Asked in Sexual Harassment for New Jersey on

Q: A coworker made a bogus sexual harassment charge up just to get me fired. What should I do to fight back?

Christopher J. Eibeler answered on Jul 25, 2018

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... Read more »

3 Answers | Asked in Sexual Harassment for New Jersey on

Q: Does harassment need to be repetitive in order to bring a case against my boss?

Christopher J. Eibeler answered on Jul 25, 2018

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.

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