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New Jersey Employment Law Questions & Answers
2 Answers | Asked in Child Custody and Employment Law for New Jersey on
Q: Can a parent legally drug test a child at home without a court order during a custody battle?

I am currently involved in an ongoing custody battle for my 18-month-old child. There was a drug test previously requested in the case, but the father refused to take it. Now that there is a new judge assigned to the case, I am concerned that the father might try to drug test my child at home... View More

Richard Diamond
Richard Diamond
answered on Feb 18, 2025

You said that the prior judge directed the father to submit to a drug test but that the father failed / refused to submit to the test.

Now, there is a new judge assigned to the matter and you are fearful that the father will privately drug test your 18 month old child.

I presume...
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0 Answers | Asked in Employment Law for New Jersey on
Q: Is the delay in accommodation request decision from HR undue and is wage loss justified?

I've been on medical leave since November 2024 and was scheduled to return on February 5th, 2025. I submitted a request for accommodations on January 29th, including flexible work hours and remote work options. Although I have communicated with HR, they have provided limited information and... View More

0 Answers | Asked in Civil Rights and Employment Law for New Jersey on
Q: How to handle HR complaint situation with coworker in NJ?

I tried to address an issue with a coworker who seemed to display racist behavior towards my supervisor and made a threat about burning the place down if he didn't receive a bonus. I didn't consider it a credible threat at the time, so I didn't report it to management. However, since... View More

1 Answer | Asked in Employment Law and Civil Rights for New Jersey on
Q: I asked for religious accommodation for observation of the sabbath; am I being discriminated against?

I work for a LARGE railroad unaffected by my request. The policy is that we work 7 days a week on call with the option to choose any 24hours off at a first come first served basis (we call this an optional & it is paid)

That 24hrs off however is not guaranteed. There is a limited number... View More

James L. Arrasmith
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answered on Jan 28, 2025

It sounds like you may be experiencing religious discrimination. Under Title VII of the Civil Rights Act, employers are required to provide reasonable accommodations for religious practices unless it causes an undue hardship. Since your company is large and your absence on the Sabbath does not... View More

0 Answers | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: Is it legally enforceable for a restaurant to include a clause stating that employee’s can not sue for discrimination?

My company has added in the employee handbook that employees can not sue for discrimination against them including race, religion, disability, gender, sexual orientation, sexual identity, etc.

1 Answer | Asked in Employment Law and Immigration Law for New Jersey on
Q: I’m on 60day grace period(h1bvisa) & it expires 11/29.have job offer, LCA not filed yet.what options if not filed by29th

Should I file B2? And wait for H1B transfer to be filed to maintain legal status

James L. Arrasmith
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answered on Nov 15, 2024

Your grace period ending on November 29th creates a time-sensitive situation that needs careful attention. Filing for B2 status before your grace period expires could help maintain your legal status while waiting for the H1B transfer process.

If your new employer hasn't filed the LCA...
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1 Answer | Asked in Employment Law and Wrongful Death for New Jersey on
Q: Employer only gave me 5 days to sign NdA severance agreement I need extension my lawyer is mid trial. Is there any case

Is there any case law? I’m in New York. The nda says it is construed in Georgia

Leonard R. Boyer
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answered on Nov 8, 2024

You are represented by counsel, so your attorney has to handle this matter for you, or whoever in his firm is covering for him. Good luck.

1 Answer | Asked in Employment Law, Personal Injury, Wrongful Death and Civil Litigation 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

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