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New Jersey Employment Law Questions & Answers
0 Answers | Asked in Employment Law for New Jersey on
Q: What resources do you have related to employment law in New Jersey?

I was falsely accused of misconduct by 2 employees and I recently filed a claim of retaliation and a toxic work environment along with corporate governance concerns. As of tomorrow I was put on paid leave during the investigation by an outside 3rd party. How can I best prepare myself for best next... View More

0 Answers | Asked in Employment Law for New Jersey on
Q: Can an employer make me change my hours of work after working the same hours for close to 15 years?

I was told if I didn't agree to the new hours and sign an open availability form, I pretty much am resigning my job is what I was told. I've been on my job going on 25 years. Never had any disciplinary action, never a write up. never been in any trouble and never cause any trouble.... View More

0 Answers | Asked in Employment Law for New Jersey on
Q: I went to a rehab which my job knew and now sixteen days after im out im told they have to decide if i can return.

I was not asked for a doctors note that I can work and I let them know I was going to the facility before going. I chose not to get fmla benefits instead using my vacation time which they paid. I also asked my fiance to find out my job status while I was there and she was told as far as my... View More

0 Answers | Asked in Employment Law for New Jersey on
Q: Is there anything legal I can do to get reimbursed my lost hours?

I'm an hourly employee. I had issues accessing the system at my job, therefore I wasn't able to work. This problem was caused by my employer and could only be rectified on their end. I was the only person affected by this issue, so there was no sense of urgency and it lasted for 5 days... View More

0 Answers | Asked in Employment Law for New Jersey on
Q: Is it legal for a former employer to withhold your earned cpr/aed certification?

The center we worked for paid for a cpr/aed certification class for all employees but then had the certificate of completion cards sent to the Director of the center. When employees have resigned, they have requested their certification cards but have been told they could not have them as the... View More

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 Law, Personal Injury and Wrongful Death for New Jersey on
Q: my wife contracted lung cancer after 15 yaers working in the operating room

in 2023 NJ passed surgical smoke laws...surgial smoke is toxic

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 31, 2024

Yes Surgical smoke is toxic and you wife's estate may have a case, but a doctor would have to tie that surgical smoke to her cause of cancer and not another cause such as smoking two packs of cigarettes a day if you get what I am saying. Definately speak with a lawyer ASAP.

1 Answer | Asked in Arbitration / Mediation Law and Employment Law for New Jersey on
Q: Is there a time frame that must be followed to award back pay once an arbitration decision is won in NJ?

Ibew local 1238 employee for Delmarva Power

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2024

This is something that an employment law attorney could answer best, but you await a response for three weeks and your question is posted under "Arbitration/Mediation." Until you are able to consult with an attorney who practices employment law who is familiar with state-specific labor... View More

1 Answer | Asked in Employment Law for New Jersey on
Q: A multi employer pension plan reduced accrued benefits for 5 years,with a promise to the contributors that there would

be a “ look back” to reinstate some or all of the reduction in the future.We, the employees ,continued to work and contribute at the same rate ,with the knowledge of the lesser rate of return. The Plan was 91% funded for those years 2010-2014.In 2021 the Plan made an amendment for 2021,then... View More

James L. Arrasmith
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answered on Mar 16, 2024

In situations like yours, where a multi-employer pension plan undergoes changes that affect accrued benefits, understanding the legal and contractual framework is key. The promise of a "look back" to potentially reinstate reduced benefits, followed by amendments that restrict benefit... View More

1 Answer | Asked in Civil Rights and Employment Law for New Jersey on
Q: I filed a discrimination claim against a company and they destroyed video evidence what can I do?

I was suspended after a coworker who was harassing me claimed I threatened him. During my suspension a manager who witnessed 5 employees sign witness statements told me over the phone that 3 of the witness statements corroborated my story while 2 corroborated the harasser's story. I was... View More

James L. Arrasmith
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answered on Feb 26, 2024

If you discover that video evidence relevant to your discrimination claim has been destroyed by the company, it's crucial to take immediate action. First, document any communication or evidence that suggests the company had the video and intentionally destroyed it. This includes any emails,... View More

1 Answer | Asked in Employment Law for New Jersey on
Q: I have a physical disability and I am certain a company didn’t hire me because of it. Can I sue them?
Paula M. Dillon
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Paula M. Dillon
answered on Jan 31, 2024

Failure to hire based on a disability is a violation of the NJ LAD.

1 Answer | Asked in Contracts, Employment Law, Civil Rights and Libel & Slander for New Jersey on
Q: Contracted employee making unfounded defamatory statements about the business owner and other staff members-

Such comments include reference to another employee's sexual orientation and religious beliefs. There are other staff members (men, and additional LGBTQ staff) who have shared that this employee harasses them via text during the work day and in their off work hours. What recourse does the... View More

James L. Arrasmith
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answered on Jan 21, 2024

In the case of a contracted employee making defamatory statements and engaging in harassment, the employer, especially in a private school in New Jersey, does have recourse to address this behavior. While the employee is under contract, it's important to review the contract terms carefully to... 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 Criminal Law, Employment Law, Civil Rights and Small Claims for New Jersey on
Q: Can I send a text saying since I have sent haven’t received response I will put items on curb by end of week?

Employer and guest were really rude (childcare). I quit on the spot. I was reminded that I had car seats and karate uniforms in car. I asked to confirm date time and place where he can pick up items as I don’t want to go back to their home. I have not received response I have not received... View More

James L. Arrasmith
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answered on Dec 5, 2023

In your situation, regarding the return of items like car seats and karate uniforms to your former employer, it's important to handle this in a way that protects your interests and avoids potential legal issues. Sending a text to notify them of your intention to leave the items on the curb if... View More

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 Law, Real Estate Law and Tax Law for New Jersey on
Q: Does this revised law under 12 UFC 531 apply only and solely to real estate or also employer to employees?
James L. Arrasmith
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answered on Nov 9, 2023

The reference to "12 UFC 531" seems to be incorrect or a typographical error. In the context of U.S. law, "UFC" typically does not pertain to legal statutes. It's possible you're referring to a section of the U.S. Code (U.S.C.), which is a compilation of federal... View More

1 Answer | Asked in Employment Law for New Jersey on
Q: what should i do about a false wage garnishment that I have been ignoring for quite some time now?
T. Augustus Claus
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answered on Nov 2, 2023

If you have been ignoring a false wage garnishment for some time now, it is important to take action immediately. The longer you wait, the more difficult it may be to resolve the issue.

Contact the creditor who is trying to garnish your wages. Let them know that the garnishment is false and...
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1 Answer | Asked in Employment Law for New Jersey on
Q: I have been referred to RAMP when I disclosed my Issues with alcohol, to avoid termination. Are there any alternatives?

I am not involved in daily pt care. I never consumed while working nor did I ever report to work intoxicated.

T. Augustus Claus
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answered on Oct 17, 2023

If you are not involved in daily patient care and you never consumed alcohol while working or reported to work intoxicated, you may be able to avoid RAMP altogether. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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