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New Jersey Employment Law Questions & Answers
0 Answers | Asked in Employment Law for New Jersey on
Q: Do you have to fill out a form and request and give it to your manager before speaking to HR?

Managers told us HR needed updated drivers licenses and passports. When asked why no answer other than it was needed was given. I went to HR to get an answer and was told because of audit. I was fine with the answer, but received a message from my manager saying they never said I could go to HR and... Read more »

0 Answers | Asked in Employment Law for New Jersey on
Q: hello I was let go by my employer on Jan 27th and I filed  a claim for NJ unemployment benefits today.

hello I was let go by my employer on Jan 27th and I filed  a claim for NJ unemployment benefits today. However I noticed on the SEVERANCE agreement employer has a clause  "employer will not contest  any claim for unemployment compensation benefits arising from Employee’s termination from... Read more »

2 Answers | Asked in Employment Law for New Jersey on
Q: I work in NJ as a server/bartender. Is it legal to make the servers pay the credit card fees of the restaurant?

I recently was told that it is illegal to make guests who pay in cash, pay credit card fees. I had nothing to with the terms of agreement between the bank and owners. Why would I be responsible for those fees?

Peter J. Weinman
Peter J. Weinman PRO label
answered on Mar 15, 2023

I do not necessarily disagree with attorney Dillon, but I think you were asking whether your employer can use your tip money to pay the credit card fees... and in my opinion, the answer is NO:

"...an employer is prohibited from using an employee’s tips, whether or not they have taken...
Read more »

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1 Answer | Asked in Employment Law for New Jersey on
Q: As an individual, can I use an out-of-state address of a co-working space or "virtual office" to match a company's reqs?

I am interested to better understand the restrictions that some remote jobs have regarding the states where they can hire employees. I live in NJ, but a Company that I'm interested in cannot hire employees in this state.

I've read that companies are restricted due to tax and legal... Read more »

Leonard R. Boyer
Leonard R. Boyer PRO label
answered on Mar 8, 2023

I have no idea why this company would preclude you from working in New Jersey. A significant amount od addition information would be required to get an understanding of your situation. Good luck.

0 Answers | Asked in Employment Law for New Jersey on
Q: Can I go against my unemployement because I tried to cancel my resignation (done for cognitive and health problems)?

I need to talk about a resignation from Rutgers University (done early January for cognitive problems related to a health issue) cancelled soon after but they had already resigned me. I was a professor at Rutgers. Please let me know if something can be done. Plus, I was already on leave of absence... Read more »

0 Answers | Asked in Employment Law, Employment Discrimination and Health Care Law for New Jersey on
Q: Can I get my job at the university back, canceling a wrong resignation I did for illness and cognitive issues?

I need to talk about a resignation from Rutgers University (done early January for cognitive problems related to an health issue) cancelled soon after but they had already resigned me. I was a professor at Rutgers. Please let me know if something can be done. Plus, I was already on leave of absence... Read more »

Q: As a Security Supervisor for the company I work for, should my employee's be making the same pay rate as me?

I was making $19.13 as a supervisor at my site i worked at for 14 years. I asked for a transfer to another site due to the length and cost of travel. My company moved me to another site to continue being a supervisor for a new site that was paying $18.00. As I am responsible for payroll, I saw... Read more »

0 Answers | Asked in Employment Law for New Jersey on
Q: I am a police officer in NJ. Can I sue employer for breach of contract?Grievance did not go to arbitration

Our chief knew before promotional test he was violating contract and there was an unfair question asked during oral board exam that gave unfair advantage to other officers taking exam with me. I filed grievance and union decided not to take matter to arbitration. Can I sue the department for this... Read more »

3 Answers | Asked in Employment Law for New Jersey on
Q: Does my employer have to pay me to change into and out of a required, fire retardant uniform

I work at a chemical plant and fire retardant clothing is required. I change in the company locker room. They also launder the soiled uniforms

John Michael Frick
John Michael Frick
answered on Feb 24, 2023

Unless you are a union member or work in an agency shop and the union has negotiated a collective bargaining agreement that provides your employer does not have to pay you for the time spent changing into the required clothing, an employer must pay you for the time you spend changing into required... Read more »

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1 Answer | Asked in Employment Law for New Jersey on
Q: my employer takes money from my weekly pay for taxes he has to pay for money he pay me under the table it’s 20 percent

What can I do I feel this is just not right it’s bad enough I have to be paid under the table but for him to tax my pay for his taxes he is responsible for

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Feb 16, 2023

You should report your employer to the Department of Labor.

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... Read more »

Paula M. Dillon
PREMIUM
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... Read 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... Read more »

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1 Answer | Asked in Appeals / Appellate Law and Employment Law for New Jersey on
Q: What lawyer would I hire to fight for my unemployment benefits after being denied for voluntarily leave appeal
Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Dec 15, 2022

Some employment lawyers handle unemployment appeals.

2 Answers | Asked in Criminal Law and Employment Law for New Jersey on
Q: If convicted 15 years ago for CDS, will that show up on a criminal background check for NJ school employment?
Michael A. Smolensky
Michael A. Smolensky
answered on Oct 31, 2022

Generally speaking this will appear in any background check unless the defendant petitions for and is granted an order of expungement. But more information is required to answer this question under these circumstances. Contacting a criminal defense attorney to discuss this in greater detail is a... Read more »

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1 Answer | Asked in Employment Law for New Jersey on
Q: Can an employer require me to sign a non compete agreement after I have already resigned? I am in food services.

The business owner is threatening to withhold my wages of about $1,000 if I do not sign.

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin
answered on Oct 21, 2022

An employee cannot withhold an employee's check for this reason in NJ. If this occurs you should file a wage claim with NJ Department of Labor. An employee has no obligation to sign such a document after resignation.

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 Esq.
H. Scott Aalsberg Esq.
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... Read more »

1 Answer | Asked in Employment Law and Contracts for New Jersey on
Q: How can I get out of a 72,000 expense reimbursement contract from my employer?

My employer detailed a $6,000 a month x 12 month training cost that required 24 months of work upon completion of the program otherwise repayment for the uncompleted months. Research shows the training program used did not cost 72k and my training did not last 12 months, only the “orientation... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 13, 2022

More information is needed here - you should contact a New Jersey contract attorney to discuss your situation in greater detail. Repayment terms are generally enforceable to the extent they fairly approximate the value of what your employer paid for. However, the longer you've worked with the... Read more »

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