Lawyers, Answer Questions  & Get Points Log In
New Jersey Employment Law Questions & Answers
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 »

View More Answers

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 »

View More Answers

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 »

1 Answer | Asked in Employment Law for New Jersey on
Q: Can an employer notify an employee 5mins before a double shift starts that their shifts have been canceled indefinitely

These two shifts that were terminated on 5 minutes notice made up half of the employee's weekly income as an Emt-b in the state of NJ.

Reason cited for terminating shifts were for "budgetary purposes" when clearly it is not.

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 6, 2022

Employers have a lot of discretion regarding changes to work schedules, and there are no laws that require employers to offer a certain amount of hours, so your employer's actions are not inherently unlawful. However, if you believe your hours have been reduced based on a discriminatory animus... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: In regards to conflict and confidentiality at a job place in NJ & CA and the length of time it’s still enforced.

Thank you Paula for your initial response. What the employees signed was the last page of an employee manuel. None of the pages had a date. Should this still be a concern in reference to the question in regards to conflict of interest and confidentiality. There is no date of reference to comply... Read more »

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Aug 12, 2022

You may have separately signed a non-solicitation, non-compete. I would be very careful.

1 Answer | Asked in Employment Law for New Jersey on
Q: In NJ & Cali is there statues of limitation on conflict of interest & confidentiality clause?Left job 4 1/2 yrs ago.

I have a company wanting me to consult (I am currently not working) however, it would involve me calling some former clients to see if they would be interested in paying lower fees . If so I would forward them to the new company. The employee manual clause from the old company states: All... Read more »

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Aug 12, 2022

You have to look at how long the non-compete or non-solicitation clause was in effect. you may also want the new company to agree to represent you if your old company goes after you.

1 Answer | Asked in Employment Law for New Jersey on
Q: applied for unemployment trying to apply for Temp Disability. Can’t reach anyone by phone and I’m locked out of website

Who can assist me?

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Aug 10, 2022

you can make an appointment for an in person meeting.

1 Answer | Asked in Contracts and Employment Law for New Jersey on
Q: Is your employer obligated to pay you additional money outlined in a union contract on top of prevailing wage in NJ

One of our collective bargaining agreements includes an addition $[1.50 per hour if certain equipment is utilized. However our employer told me that because I’m already making prevailing wage in NJ they don’t need to pay me any additional money. They told me I’m making enough money.

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jul 30, 2022

Generally a CBA sets a minimum payment schedule but does not preclude additional sums to be paid unless there is some sort of provision which for bargained for and include in the CBA.

1 Answer | Asked in Employment Law for New Jersey on
Q: Anything I can do about getting denied leave for a medically necessary procedure?

My job recently denied my medically necessary leave to repair torn ligaments in my ankle. They told me I do not qualify for FMLA in NJ because I started as a temp so I have not been employed for 12 months, even though I blow past the hours requirement. I was told to apply for "reasonable... Read more »

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Jul 26, 2022

You may be entitled to other leave. I would need to know more information.

1 Answer | Asked in Contracts, Employment Law and Education Law for New Jersey on
Q: I am a teacher for over 14 years my sick days rolled over and they decided to pay for future sick days and my previous

sick days were not paid. I went to the principal and the board, nothing came out of it. Is there anything I can do about the previous sick days? I worked for a charter school.

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 20, 2022

Federal law does not require employers to offer any form of paid time off - you need only be paid for the hours you actually work. Thus, employers have a lot of discretion regarding changes to PTO policies. However, if you have an employment contract with the school, you should see if any language... Read more »

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for New Jersey on
Q: My wage was been finished at my previous job. I resigned six months ago and now I'm returning. Will the gunisbment suev
Leonard R. Boyer
Leonard R. Boyer
answered on Jul 17, 2022

The garnishment will be reinstated once the creditor finds out about your employment.

1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for New Jersey on
Q: Can a new jersey public school rescind my job offer as a substitute per diem teacher due to a positive thc drug test?

My drug test came back positive, but I still don't know specifically for what. It could be the medication I am on or the thc from smoking. I have no idea which one came up. They gave me an offer and I was going through the on-boarding process when they sent me a random email saying I have been... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jun 24, 2022

Yes, just because certain drugs are taken by prescription or if they have been legalized does not mean that an employer has to hire you. I do not believe that they are required to indicate what drug or if that makes any difference whatsoever. Good luck and try some place else.

1 Answer | Asked in Contracts and Employment Law for New Jersey on
Q: Do I still have to pay back a signing bonus if the clause does not specially say I need to?

The clause says “In appreciation of your full time

employment, a $10,000 bonus will be paid, with the understanding and agreement that you will work at [business name] for a year. A 1099 will be issued against this payment.” There is no language specifying repayment and I was a W2... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 22, 2022

You should have your full agreement reviewed by a New Jersey contract attorney to determine your rights and obligations under the agreement. There may be other portions of your agreement that alter or change the terms of the clause you listed, so a review that is limited to a specific clause in an... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: Question, is it legal an employer to put cameras with audio in the workplace without us knowing he did so
Rhiannon Herbert
Rhiannon Herbert
answered on Jun 15, 2022

Generally yes. These actions may be considered improper if you have an "expectation of privacy" in the area, but workplace common areas generally do not provide the "expectation of privacy" necessary to form a claim.

1 Answer | Asked in Car Accidents, Employment Law and Personal Injury for New Jersey on
Q: A county roads employee being sued for injury damages from an MVA while at work. Is he entitled to indemnification?

The county (employer) disciplined the employee. It’s not his first accident. The county denied intent to legally represent and/or indemnify.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jun 14, 2022

I believe the employee, if accident occurred while in his employment, would be entitled to coverage from the county. I recommend filing a title 59 notice if you are the Plaintiff. The time for this to be done is short, so speak with counsel.

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.