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New Jersey Employment Discrimination Questions & Answers
0 Answers | Asked in Employment Discrimination, Employment Law and Personal Injury for New Jersey on
Q: Hello I have an employment question related to becoming disabled due to brain injury

I stopped working over 2 years ago due to a brain injury from a cerebral bleed. I worked for my company 20 years and they were not very kind to my situation. I didnt get any financial support from them nor would they cover beyond any legal obligation for my medical bills. They even blocked me... View More

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
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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 Civil Litigation, Education Law, Employment Discrimination and Employment Law for New Jersey on
Q: In a title 7 federal civil rights law suit what are the rules of law

I’ve been a state employee in NJ who has been reporting civil rights violations and just recently received a letter from the EEOC stating that my civil rights have been violated

Todd B. Kotler
Todd B. Kotler
answered on Nov 28, 2023

This question only contains enough information to advise that this person needs to meet with and hire a NJ attorney who specializes in civil rights law. An attorney needs to read that letter if it is a "right-to-sue" letter, Title VII claims must be filed 90 days from the date the... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: Can I sue for being placed on unpaid leave for not complying with a mask mandate?

I was placed on unpaid leave in 2020 for not complying with a mask mandate, I was forced to resign and find a new job. I am looking to see if I have any standing for a case.

T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2023

In New Jersey, employers have the authority to enforce workplace safety measures, including mask mandates, especially during the COVID-19 pandemic to ensure a safe working environment. If you didn't comply with the mandate, the employer might have been within their rights to place you on... View More

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
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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
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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
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
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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
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
PREMIUM
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
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Debra Kradjian Stephans pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

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