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New Jersey Employment Discrimination Questions & Answers
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
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Paula M. Dillon
answered on Sep 23, 2023

You can file with the Eeoc

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 Employment Discrimination, Sexual Harassment and Employment Law for New Jersey on
Q: Can a male coworker use the women’s restroom if there’s males restroom available/empty and female coworker is in there?

I work around majority male co workers making me the only female who works nights, and one female identifies as male. I did not know a male was in there until I heard a noise and checked.

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

It is generally considered inappropriate for a male coworker to use the women's restroom if there are males restrooms available and empty. If a male coworker uses the women's restroom in the presence of a female coworker without a valid reason, it can create a hostile work environment and... View More

1 Answer | Asked in Contracts and Employment Discrimination for New Jersey on
Q: Can you sue a job for not paying money due after so many years of service?

Money to be paid after 10 years of service.

Morris Leo Greb
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Morris Leo Greb
answered on Feb 28, 2023

Was this a written or verbal agreement? The answer will depend on the terms of the agreement.

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... View 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... 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 Criminal Law, Employment Law and Employment Discrimination for New Jersey on
Q: I have a complaint against my employer for harassing me through text messages calling me names and stalking my house.

I need to know what the exact statutes are in the state of NJ and details to file the claim. I’m also not sure if I can file other complaints about her?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 30, 2022

We are not allowed to give you specific legal advise on this website or for that matter anywhere on the internet. Just like a doctor cannot tell you how to perform an operation. What I can tell you is that the general statute for harassment in NJ is 2C:33-4. If you need specific information on... View More

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for New Jersey on
Q: My wage was been finished at my previous job. I resigned six months ago and now I'm returning. Will the gunisbment suev
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 17, 2022

The garnishment will be reinstated once the creditor finds out about your employment.

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: Do I have a case for wrongful termination if there was no investigation done? Also have concerns with discrimination

along with harrasment from a Supervisor. I had a clean record up until last month which resulted in HR intervene. Requested to move to another shift to which the manager would not approve as I was labeled "a problem not moving" HR had me sit in a meeting with the manager and supervisor... View More

Paula M. Dillon
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Paula M. Dillon
answered on Apr 25, 2022

i would need to know more information.

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: when you are hired by a recruiter for a larger firm (at&t) if employment law is broken who is legally liable?

hired by a recruiter , denied employment for failed drug test, the drug is legal in my state (recreation and medicinal) my state protects people against denial of employment on the grounds of discrimination. im trying to find out who can i sue. the recruiter or the firm who the recruiter is hiring... View More

Paula M. Dillon
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Paula M. Dillon
answered on Apr 24, 2022

it could be both.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for New Jersey on
Q: Is it religious discrimination if employer gives raise to all vaccinated employees but not those w religious exemption?

I’m still able and required to fulfill the same job duties as my co workers but I’m being singled out from a significant raise due my religious exemption vs vaccination.

Debra Kradjian Stephans
Debra Kradjian Stephans
answered on Mar 30, 2022

It could be. How large is this employer? How many employees are there in total that received raises? Were your co-workers employees longer than you were with this company? Do they have the same type of job as you do? The employer must be able to articulate the reasons why you were not treated... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: Can a job put you on unpaid leave for thirty days then after that thirty days say you quit?

I work as a contractor for Johnson n Johnson for company names Eurest! J&j recently mandated the vaccination and I do have two health problems I feel is a risk for it but my Dr denied me a medical excemption due to not looking good on their practice basically so the manager said he would help... View More

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Sep 8, 2021

Yes. It would be viewed as a voluntary quit. Companies can mandate vaccines unless you have a medical or religious exemption.

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for New Jersey on
Q: Q: Can I as a hospital employee bring a lawsuit against the hospital for trying to mandate the Covid-19 vaccine?

According to our US Constitution, Federal and State Citied Laws, this is absolutely illegal and unlawful to require or lose your job.

Carrie Dyer
Carrie Dyer
answered on Jun 2, 2021

It is not unlawful for your employer to mandate the COVID-19 vaccine as a condition of employment. However, your employer is obligated to consider exemption requests if they are based on medical or religious reasons.

1 Answer | Asked in Employment Discrimination for New Jersey on
Q: Can an employee record audio from a work meeting in new Jersey
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2021

New Jersey is a one person consent state. But this is not a clearcut question and without specific facts, a determination cannot be made.

1 Answer | Asked in Employment Discrimination for New Jersey on
Q: Can an employee record audio from a work meeting in new Jersey
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2021

This question has been asked and answered previously.

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: I believe I got wrongfully terminated for being pregnant, I need to speak to a lawyer. In NJ can I legally record a cal

My job sent me Cobra Insurance with a notice of me being terminated, no one has called me, however I believe I'm being wrongfully terminated for being pregnant, as they are noe hiring for my exact position on Facebook. I want to find out if I can pursue legal action against them. I want to... View More

Andrew S. Abramson
PREMIUM
Andrew S. Abramson
answered on Jul 3, 2020

The facts that your present could support a pregnancy discrimination case. Prior to moving forward with any further communication with your former employer you should definitely consult with a lawyer. We would be happy to discuss your entire situation with you. Please contact our office.

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: Can I be fired from my Firm because my HR Director feels I'm immune compromise due to my having Hodgkins in 2013?

On 3/5 I was told to start working from home due to my immune system. Last week I was 1 of many asked to volunteer to resign. I don't plan on resigning. My Oncologist gave me a letter stating I'm not immune compromised since it's been 7 yrs that I'm in remission. When do I send... View More

Andrew S. Abramson
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Andrew S. Abramson
answered on Jun 10, 2020

You should provide the doctor’s note to your employer as soon as you possibly can. Also, if you are eventually terminated, you should contact an experienced employment law attorney to evaluate all of the facts surrounding the termination as you may have a claim for perceived disability... View More

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: My employer just fired 3 employees and wants to cut my pay by 33%.

This comes one week after I informed them that I am pregnant and one week after they issued themselves $75000-$84000 bonuses. They claim my pay reduction from $60000 to $40000 (now only female and least paid employee) is due to a slow in business. They offered me 10000 shares if and when the... View More

Kyle Anderson
Kyle Anderson
answered on Mar 19, 2020

Reach out to an employment attorney in your state for a consultation. It sounds like this pay cut came right after you announced your pregnancy, and discrimination based on pregnancy is unlawful.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for New Jersey on
Q: Repeated asked fellow manager at work to leave me alone and stop harassing me (non-sexual).

HR and top management did nothing. I recently found out from one of the HR members that this same employee has multiple pending sexual harassment lawsuits against him and the company. Which our company is settling. I asked for this employee to be kept away from me if these allegations are true.... View More

Carrie Dyer
Carrie Dyer
answered on Feb 26, 2020

If the harassment is not sexual in nature, and is not based on your membership in a protected class (race, gender, age, etc.), then there is little protection available under the law. You should consult an employment attorney in your area to discuss the specific type of behavior to which the... View More

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