Ask a Question

Get free answers to your Employment Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New Jersey Employment Law Questions & Answers
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 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 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 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 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 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 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.

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

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin
answered on Sep 14, 2023

It sounds like the NJDOL determined that there was insufficient proof that the subcontractor was an independent business under the ABC test. This case will give you a good understanding of the legal issues https://www.njcourts.gov/system/files/court-opinions/2022/a_7_21.pdf

It may be...
View More

View More Answers

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

1 Answer | Asked in Employment Law and Immigration Law for New Jersey on
Q: How can a foreign citizen find employment in the US? What are the options?

I know someone in another country who is a mechanical engineer with 5 years experience. He is willing to work in his field but will also consider an unskilled job since it might be difficult to get an H1B visa in his field in the US. How does he find the dirty jobs that often go unfilled in the US... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2023

To find employment in the U.S., your friend has multiple visa options such as H-1B for specialized employment, or H-2B for seasonal or temporary non-agricultural work. For jobs that are often unfilled, employers who are open to hiring foreign workers may petition for H-2B visas. Networking, online... View More

2 Answers | Asked in Employment Law for New Jersey on
Q: Is an employer allowed to make you take a day off without pay for no reason and refuse to let you work bc of a holiday?

I am on a “probation” period as all newer employees are, but it doesn’t seem right to refuse to pay you for a holiday, make you stay home, and not give you work if you asked so you can get paid 40 hours that week.

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Welcome to the workforce. You will find that many situations are not favorable to the employee. The law provides you with certain guaranteed rights, like minimum wage, some states require a minimum amount of paid leave for illness. But most scheduling is up to your employer, and he sees the... View More

View More Answers

2 Answers | Asked in Employment Law and Health Care Law for New Jersey on
Q: Coworker announced I was leaving early for medical procedure, is that against HIPPA?

I have MS and need to leave my job early 1x a month to get a medical infusion with my medications. This week, a member of the dispatch team announced Via email that I was leaving early for an infusion. This went to over 10 of my coworkers. Is this something that I can seek action on against my... View More

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

It is unlikely that your employer is a "covered entity." If it is, and there have not been repeated violations, it is possible your employer could be subject to a fine for disclosing this information. Depending upon the facts and circumstances, including whether the covered entity... View More

View More Answers

2 Answers | Asked in Employment Law for New Jersey on
Q: Am I required to hold an emergency/on call phone when my employee contract never stated one ?

They want to write me up for missing a call at 2 am and I never even agreed to accept the phone they made us take it

Eva Zelson
Eva Zelson
answered on May 24, 2023

If you do have a contract with your employer, contact an employment law attorney for review of the details. If you are an at-will employee, the job descriptions and the expectations for your job can change at any time, in which case, you would have to either find a new job, or adapt to the new... View More

View More Answers

2 Answers | Asked in Employment Law for New Jersey on
Q: my job requires us to be on call for a week at a time. We are only compensated for time+.5 for hours worked not waited

I just want to know if that sounds right, we are expected to answer at any point and time and phone has to always be charged I never signed anything to be on call it just ended up being thrown onto me

Eva Zelson
Eva Zelson
answered on May 24, 2023

It is legally correct that you should be compensated for hours worked only. However, this is something that both the employer and the employee should be clear on what’s expected. Must you stay within a certain radius of your workplace when you’re on call? Are you required to answer calls at all... View More

View More Answers

1 Answer | Asked in Employment Discrimination, Sexual Harassment and Employment Law for New Jersey on
Q: Can a male coworker use the women’s restroom if there’s males restroom available/empty and female coworker is in there?

I work around majority male co workers making me the only female who works nights, and one female identifies as male. I did not know a male was in there until I heard a noise and checked.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

It is generally considered inappropriate for a male coworker to use the women's restroom if there are males restrooms available and empty. If a male coworker uses the women's restroom in the presence of a female coworker without a valid reason, it can create a hostile work environment and... View 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 Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Feb 24, 2023

This will depend on whether you are a union member in which case you should look at the collective bargaining agreement.

In your situation, where you're required to where the fire retardant clothing bc the job requires it, the taking off and putting on "donning and doffing"...
View More

View More Answers

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

Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Feb 24, 2023

This will depend on whether you are a union member in which case you should look at the collective bargaining agreement.

In your situation, where you're required to where the fire retardant clothing bc the job requires it, the taking off and putting on "donning and doffing"...
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.