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Questions Answered by Richard Yaskin
1 Answer | Asked in Employment Law for New Jersey on
Q: I was fired from fedex for a nonexcused absence because I’m on jury duty&on a criminal case.Is this wrongful termination

I was fired from fedex for a nonexcused absence because I’m on jury duty&on a criminal case.Is this wrongful termination?

Richard Yaskin
Richard Yaskin answered on Mar 12, 2019

You may have a claim of wrongful discharge against the public policy of New Jersey if FEDEX discharged you for serving an official jury duty. Did you timely provide proof of your jury service?

Is there more to FEDEX basis for discharge based on your alleged record of absences?...
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1 Answer | Asked in Employment Discrimination for New Jersey on
Q: Can a job deny me employment for failing a drug test for marijuana when I legally have a medical marijuana card?
Richard Yaskin
Richard Yaskin answered on Mar 4, 2019

It depends on a number of factors including:

Your underlying disability conditions;

Whether you have requested disability accommodations;

The union contract or other policy under which you were drug tested;

The safety sensitivity of your position;

Past...
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1 Answer | Asked in Employment Law for New Jersey on
Q: I am looking for an attorney in an employment related lawsuit I am facing from my previous employer (Piscataway, NJ)

I received summons from New Jersey Court.

Richard Yaskin
Richard Yaskin answered on Jan 29, 2019

If you now reside in Minnesota, it seems that an initial question is whether you are now subject to the jurisdiction of the New Jersey court. What is the basis of jurisdiction over you claimed by the Complaint?

Richard

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: Can a Protective Order be used in a Federal Lawsuit to prevent video tapping of the plaintiffs deposition?

intended purpose of the video tapping included intimidation and to challenge the plaintiffs disability status

Richard Yaskin
Richard Yaskin answered on Dec 5, 2018

Probably not, as I believe that each party has the right to notice videotaped depositions under the federal rules of civil procedure and the District Court’s Local Rules. You should be able to obtain an agreement from defense counsel, or a consent order, limiting the dissemination of the video to... Read more »

2 Answers | Asked in Sexual Harassment for New Jersey on
Q: I've been documenting comments of a sexual nature that my coworker has been saying to me but if I don't have witnesses

to them, would this documentation hold up in court? Wouldn't it just be my word against his if he denies them?

Richard Yaskin
Richard Yaskin answered on Nov 12, 2018

To proceed in a New Jersey Superior Court case alleging sexual harassment, you are typically obliged to first file a complaint under your employer’s workplace harassment policy. In that process and any court case that follows, your contemporary documentation of offensive, harassing comments is... Read more »

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1 Answer | Asked in Sexual Harassment for New Jersey on
Q: Am I able to file a claim against a retailer if I was just a customer and not an employee?
Richard Yaskin
Richard Yaskin answered on Oct 5, 2018

You may be able to do so, especially if the retail establishment is considered a place of public accommodation, such as a shopping mall. The NJ Division on Civil Rights has a poster which states that victims of sexual harassment are protected:

"In public places - when you get or try to get...
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2 Answers | Asked in Sexual Harassment for New Jersey on
Q: I was touched innapropriately and verbally abused at work. I told my bosses over four times and nothing changed.

It happened almost everyday. It is happening to other girls too at work. We will cry and cry to the bosses to make a change but they do nothing. Is this considered a case to come forward with. Because there is no physical evidence, just us girls, the delivery drivers, and the bosses know about it.

Richard Yaskin
Richard Yaskin answered on Jun 26, 2018

Yes, you should pursue the harassment with an experienced New Jersey employment lawyer. Your complaint could be corroborated by co-workers, and other victims of the harassment. Coming forward with a formal complaint can force your employer to do a documented investigation. In these times of "me... Read more »

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1 Answer | Asked in Employment Discrimination for New Jersey on
Q: What to do when employer refuses to communicate in regards to return to work with reasonable accommodations under ADA ?

VP/Manager of rebar instillation division of established steel company. I have been out on medical leave/work comp and have sustained an acute lumbar disc herniation which required surgery, due to this injury I will have permanent physical limitations which are now covered under the ADA act. My... Read more »

Richard Yaskin
Richard Yaskin answered on Jun 23, 2018

You likely have 12 weeks of job protected medical leave under the FMLA and then ant extended medical leave with job protection would be a disability accommodation under federal and state disability law. As you contend that your medical restrictions will permit you to perform the essential functions... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: i need to know if i need an attorney for a HEARING AND PRE-HEARING ORDER.case# 00044 at the DOL
Richard Yaskin
Richard Yaskin answered on May 30, 2018

Please share the type of case you have at the DOL and what is at issue. I should then be in position to answer your question.

Richard

4 Answers | Asked in Sexual Harassment for New Jersey on
Q: How do I protect my job if I need to file a sexual harassment claim against my manager?
Richard Yaskin
Richard Yaskin answered on Apr 27, 2018

It’s a tough issue in that you are obliged to complain but must depend on the good faith, clout and diligence of Human Resources or whichever entity will investigate and have the duty to remediate your complaint. You can increase the odds of a favorable outcome by keeping regular documentation of... Read more »

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: Are employers obligated to give terminated employees access to their personnel files?

Thomas Jefferson University Hospitals, Inc. v. Pa. Department of Labor & Industry, the Pennsylvania Supreme Court held that former employees do not have the right to inspect their personnel records. Are employers obligated to give terminated employees access to their personnel files?

Richard Yaskin
Richard Yaskin answered on Apr 21, 2018

You appear to have answered your own question in the negative by citation to the controlling TJUH case. I don’t see a distinction between no right to inspect and giving access to Personnel files.

Richard

4 Answers | Asked in Sexual Harassment for New Jersey on
Q: I read online that the Faragher-Ellerth defense requires me to work through any issues of sexual harassment with my

employer prior to suing them. What if it's someone in HR who's harassing me and I don't feel safe doing that though?

Richard Yaskin
Richard Yaskin answered on Apr 15, 2018

Your employer’s sexual harassment policy typically provides an alternative avenue to report the harassment, bypassing the person in HR who is harassing you. You should consult with an experienced New Jersey employment lawyer in this regard.

Best,

Richard

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2 Answers | Asked in Contracts and Employment Discrimination for New Jersey on
Q: im being fired from my job for a workplace relationship that my manager has known about for two years and said was okay

in the store policy manual it says workplace relationships are okay as long as the manager knows about it which she does. recently in another store, a key holder was transferred to another store for being in a relationship with someone that worked there. that person is now suing my district manager... Read more »

Richard Yaskin
Richard Yaskin answered on Apr 15, 2018

It is not clear why firing you would allow your District Manager to “cover herself in the lawsuit “. You may have a wrongful termination lawsuit and should promptly consult with an experienced NJ employment attorney.

Best,

Richard

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