Lawyers, Answer Questions  & Get Points Log In
New Jersey Employment Law Questions & Answers
0 Answers | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: Ive been subpoenad to testify for former employee against former colleague. Can colleague sue me personally for helping?

I am worried that the colleague who is in trouble with my former employer could then sue me personally for any deposition or statement I give, even telling the truth. I want to be of some help to my former employer but I also worry that the unflattering things I witnessed will be used by the person... View More

0 Answers | Asked in Employment Law for New Jersey on
Q: Sick time denial in New Jersey

I typically work partial days on Tuesdays due to a school commitment. I average about 5 hours per Tuesday, sometimes more. However, I always work on Tuesdays to some degree.

Is it legal for an employer in NJ to deny me from using my sick time on a Tuesday because I am sick, ONLY for the... 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

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
PREMIUM
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
PREMIUM
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 Law for New Jersey on
Q: Can my employer take money out my paycheck for they mistake ?

My job deposit money to my bank account and I didn’t know it was an error they didn’t tell me nothing I found out by looking at my next paycheck and seeing I had 100 dollars so when I checked they took out 500 dollars and it’s wasn’t even for taxes it says Ret DD can they do that even... View More

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Sep 28, 2023

if the company improperly deposited money, then they are entitled to its return. They should not be taking back "more" than what was the error. You can report them to the Division of Wage and Hour of the NJ Dept of Labor if they are doing that.

1 Answer | Asked in Employment Law and Health Care Law for New Jersey on
Q: As a healthcare provider, if you get fired before completing paperwork, are you legally responsible for finishing it?

My boss fired me for no reason other than "we're moving in another direction." This action was discriminatory, as other employees were accused and reprimanded for not completing job responsibilities costing the company profits but were given multiple chances to correct their... View More

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2023

An employment attorney could answer best, but your question remains open for two weeks and also crosses into Health Care Law. You could consider asking your employer for instructions on how to handle paperwork that remains uncompleted, since medical office records could contain patient information... View More

1 Answer | Asked in Employment Law for New Jersey on
Q: Can my former employer prevent my former manager from contacting me for “liability issues”?

My job was recently affected by a large layoff due to the company losing a significant amount of business. I was close with my manager and he initially offered help with reviewing my resume and finding a new job. However i quickly stopped hearing from him when reaching out for help. I found out... View More

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Sep 20, 2023

Once you are separated from a place of employment there is no obligation of the employer to have contact with the employee. It is not clear what you mean by "liability". However, they may be concerned about a potential lawsuit against the company by the former employee.

3 Answers | Asked in Employment Law and Business Law for New Jersey on
Q: Hi, I have been audited by the NJ Dep. of Labor and they have concluded sub-contractor does not meet the requirements

NJ State auditor concluded:

Individuals do not meet the requirements of Section 19(I) (6) (A) (B) (C).

As such payments to such individuals are determined to be taxable for New Jersey UI/DI/FLI taxes.

My Sub-contractor is an employee of your business entity. He must be on... View More

John Michael Frick
John Michael Frick
answered on Sep 14, 2023

Under New Jersey law, a worker is considered an employee unless an employer can satisfy all three of these criteria:

1. Such individual has been and will continue to be free from control or direction over the performance of such service, both under his contract of service and in fact;...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.