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New Jersey Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination for New Jersey on
Q: Can a job deny me employment for failing a drug test for marijuana when I legally have a medical marijuana card?
Richard Yaskin
Richard Yaskin answered on Mar 4, 2019

It depends on a number of factors including:

Your underlying disability conditions;

Whether you have requested disability accommodations;

The union contract or other policy under which you were drug tested;

The safety sensitivity of your position;

Past...
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1 Answer | Asked in Employment Discrimination for New Jersey on
Q: returned from disability 11/19/18 I was let go from my job this past Friday after being employed 15 yrs
Emre Polat Esq.
Emre Polat Esq. answered on Feb 23, 2019

What was their basis for the termination? Consider a consultation for a case evaluation.

Q: Can I sue a small business?

I told my boss and one manager that I was pregnant and asked them not to tell anyone else. My whole job now knows and I feel uncomfortable at work. Are they allowed to share my information against my wishes?

Leonard R. Boyer
Leonard R. Boyer answered on Dec 19, 2018

You can sue a small business, if you have a legitimate cause of action. Otherwise, you could end up paying the other side legal fees and costs. Your situation is questionable, absent more facts.

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: Can a Protective Order be used in a Federal Lawsuit to prevent video tapping of the plaintiffs deposition?

intended purpose of the video tapping included intimidation and to challenge the plaintiffs disability status

Richard Yaskin
Richard Yaskin answered on Dec 5, 2018

Probably not, as I believe that each party has the right to notice videotaped depositions under the federal rules of civil procedure and the District Court’s Local Rules. You should be able to obtain an agreement from defense counsel, or a consent order, limiting the dissemination of the video to... Read more »

1 Answer | Asked in Employment Discrimination for New Jersey on
Q: My boss is making me work on Thanksgiving because I'm not American and says I don't need to celebrate the holiday.

Isn't that some form of discrimination?

Leonard R. Boyer
Leonard R. Boyer answered on Nov 24, 2018

There is no law that requires an employer to give an employee a day off for Thanksgiving. Not every comment that a person makes that another one does not like is a basis for discrimination.

1 Answer | Asked in Employment Discrimination for New Jersey on
Q: I noticed that my company never hires anyone older than 40. Is that age discrimination?
Emre Polat Esq.
Emre Polat Esq. answered on Oct 25, 2018

Yes, it could be a form of age discrimination. Consider a consultation if you have further questions.

1 Answer | Asked in Employment Discrimination for New Jersey on
Q: I work for a NJ-based company and had a baby last year. I'm pregnant again and worried I will get fired when I tell them

I work for a NJ-based company. They are a small company with only about 10 or so employees, so I’m not sure what my rights are, if any.

I had a baby last year. I found out after returning to work that I would then be eligible to receive 6 additional weeks of partially paid bonding leave... Read more »

Emre Polat Esq.
Emre Polat Esq. answered on Aug 31, 2018

Discrimination based on pregnancy is still illegal under the NJLAD, regardless if the employer is a small employer. If you feel you are being mistreated, discriminated, or fear you will lose your position because you are pregnant, consider a consultation for a case evaluation.

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: Following countless reports of discriminatory treatment, my employer falsified documents to frame in me. Now what?

I am considering using an attorney at my OAL disciplinary hearing. It should be relatively easy since they falsified documents against me, violated their confidentiality policy, time frame policy, and out right lied on me. The internal affairs officer was since fired but the State is now forced to... Read more »

Christopher J. Eibeler
Christopher J. Eibeler answered on Aug 5, 2018

In order to prove a claim of retaliation, you will have to prove that you made a reasonable and good faith complaint of discrimination and suffered an adverse employment action For making your complaint. I would strongly recommend that you consult an experienced employment attorney as soon as... Read more »

1 Answer | Asked in Employment Discrimination for New Jersey on
Q: My co-worker keeps asking me out and I am uncomfortable with it. Should I let my boss know?
Christopher J. Eibeler
Christopher J. Eibeler answered on Aug 4, 2018

An employer has an obligation to have an effective anti-discrimination policy and to exercise reasonable care to prevent and correct promptly any sexually harassing behavior. As an employee who is being harassed by unwelcomed harassment, you should take advantage of any preventive or corrective... Read more »

1 Answer | Asked in Employment Discrimination for New Jersey on
Q: What to do when employer refuses to communicate in regards to return to work with reasonable accommodations under ADA ?

VP/Manager of rebar instillation division of established steel company. I have been out on medical leave/work comp and have sustained an acute lumbar disc herniation which required surgery, due to this injury I will have permanent physical limitations which are now covered under the ADA act. My... Read more »

Richard Yaskin
Richard Yaskin answered on Jun 23, 2018

You likely have 12 weeks of job protected medical leave under the FMLA and then ant extended medical leave with job protection would be a disability accommodation under federal and state disability law. As you contend that your medical restrictions will permit you to perform the essential functions... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: i need to know if i need an attorney for a HEARING AND PRE-HEARING ORDER.case# 00044 at the DOL
Richard Yaskin
Richard Yaskin answered on May 30, 2018

Please share the type of case you have at the DOL and what is at issue. I should then be in position to answer your question.

Richard

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: What is the likelihood that I have a wrongful termination lawsuit, that could result in obtaining severance

I worked 15 years for my employer, with an additional 2 grandfathered years. March 2018 I was fired for performance. The firing came 3 weeks after being put on final notice with a six week improvement / performance plan to be completed by April 13. I had not received a poor review in my time with... Read more »

Andrew S. Abramson
Andrew S. Abramson answered on May 15, 2018

Assuming that you did not sign the proposed severance agreeement which presumably would have a release of all claims, it is possible that you may have a claim, depending upon the employer’s true motivating reason behind the termination. For instance, if you believe that despite the employer’s... Read more »

1 Answer | Asked in Employment Discrimination for New Jersey on
Q: Is a company allowed to force workers to work; more then 40 hours
Emre Polat Esq.
Emre Polat Esq. answered on May 9, 2018

If you're paid by hour as a non-exempt employee, they must compensate you at the overtime rate of 1.5x your regular rate for any hours over 40 hours per week.

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for New Jersey on
Q: being threatened about losing my job after they found out Im pregnant I need to know if this is right and fair?

I just started working for this company that does eyelash extensions. I have been working very hard 2 jobs because I am 100 percent capable. After just 2 weeks of being there my manager went through my personal stuff on facebook and looked at my personal pictures and found out I was pregnant that... Read more »

Emre Polat Esq.
Emre Polat Esq. answered on Mar 7, 2018

No. They can't discriminate against you because you are pregnant. If you feel that is the case, a consultation may be worthwhile to determine your claims and option.

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: I just recently got fired from a job I worked only for weeks. My boss claimed she fired me because of gossip, which mos

Most of the coworkers did. The two weeks I was there I felt discriminated against because she would complain about my dressing or my hair. She emotionally put me down because she would constantly put me down in front of the other co workers, she even implied I had attention deficit disorder at one... Read more »

Emre Polat Esq.
Emre Polat Esq. answered on Feb 18, 2018

What basis do you believe she discriminated against you for? (i.e. race, sex, national origin, sexual orientation etc.)

2 Answers | Asked in Contracts and Employment Discrimination for New Jersey on
Q: im being fired from my job for a workplace relationship that my manager has known about for two years and said was okay

in the store policy manual it says workplace relationships are okay as long as the manager knows about it which she does. recently in another store, a key holder was transferred to another store for being in a relationship with someone that worked there. that person is now suing my district manager... Read more »

Emre Polat Esq.
Emre Polat Esq. answered on Jan 24, 2018

Are you the person that is in a relationship? It's unclear from what you wrote. If you participated in the investigation for the lawsuit - then you are considered to be in a protected class and your employer is prohibited from retaliating against you. Further information is needed via a... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: I drive a truck and my employer everytime theres a route thats not done because they didnt call me on time to do it..

I drive doing delivery for Ashley furniture and others.i get paid by the contractor the owner of the truck.i am responsible to park the truck and pay out of my pocket,sometimes he had made me drive all the way to the company and tell me there's no work.but when they tell me go home I do and then... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 15, 2018

You need to speak to an employment law lawyer, however even to answer your question it is not clear whether your are salary employee or an independent contractor as in this case you need probably a contracts lawyer.

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1 Answer | Asked in Employment Law, Employment Discrimination and Civil Rights for New Jersey on
Q: Do i have a case?

For a year, Ive been working at a restaurant as a server where the owner has repeatedly treated me differently than my peers. On my first day on the floor, I was written up for eating a piece of bread, whereas my co-workers have NEVER received anything remotely close to such punishment. I wasnt... Read more »

William N. Sosis
William N. Sosis answered on Jan 10, 2018

I'm assuming you're a member of a protected class and the discrimination you're feeling is based on race, national origin, sex, age, disability, creed, etc. There are state and federal laws prohibiting discrimination but unless you're working under some employment contract you are considered an... Read more »

1 Answer | Asked in Employment Discrimination for New Jersey on
Q: As a Black man, is being called a "Boy" in a confrontational manner considered discrimination?
Jonathan Ian Nirenberg
Jonathan Ian Nirenberg answered on Jul 14, 2017

It is impossible to know for sure whether the statement was meant to be discriminatory, especially without any context or other information. However, given the history of the use of that term for African Americans, it very well could be a discriminatory statement. You may want to try to schedule... Read more »

2 Answers | Asked in Personal Injury, Products Liability and Employment Discrimination for New Jersey on
Q: Can a record telephone conversation which is with consent of one of the callers be used by the latter for

use in a civil case beteen the same two parties.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 6, 2017

Exceptions always exist but as long as one party to the conversation consented you should be good.

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