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New Jersey Employment Law Questions & Answers

1 Answer | Asked in Employment Law for New Jersey on

Q: Was approved for family leave. August 2018 till August 2019. They use roll back method. Went over time by 3 days.

Have accumulated more time the following week. Was terminated for time and attendance after 32 years.

Jonathan Ian Nirenberg answered on Apr 23, 2019

I suggest you talk directly with an employment lawyer. I would want to evaluate potential claims of retaliation in violation of the FMLA and to determine whether they gave you proper notice of your rights and obligations under the FMLA. If the leave was for your own medical condition, I also... Read more »

1 Answer | Asked in Employment Law for New Jersey on

Q: I was fired from fedex for a nonexcused absence because I’m on jury duty&on a criminal case.Is this wrongful termination

I was fired from fedex for a nonexcused absence because I’m on jury duty&on a criminal case.Is this wrongful termination?

Richard Yaskin answered on Mar 12, 2019

You may have a claim of wrongful discharge against the public policy of New Jersey if FEDEX discharged you for serving an official jury duty. Did you timely provide proof of your jury service?

Is there more to FEDEX basis for discharge based on your alleged record of absences?...
Read more »

1 Answer | Asked in Employment Law for New Jersey on

Q: I am currently in three of the protected classes (age, national origin and race/color.

I received bonus and salary increase numbers which were lower than expected given excellent performance and no disciplinary issues. Because manager did not have details on the numbers, I requested a letter from HR that would specify the numbers and the details including how the numbers were... Read more »

Emre Polat Esq. answered on Mar 12, 2019

Why do you believe there is discrimination, compared to others? Further information is required. Consider a consultation for a case evaluation.

2 Answers | Asked in Contracts and Employment Law for New Jersey on

Q: Does a "Prime Contractor" Differ from the meaning of vender or General Contractor"?

Can a contractor be classified as

other than a Person working on real estate?

Leonard R. Boyer answered on Feb 2, 2019

These are 3 different things. Any time you work with any contractor, you need to retain an attorney to determine if contract and contractor are legitimate. A vendor sells materials, a contractor performs work. There are general contractors (a prime contractor is not a common term in NJ) and... Read more »

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1 Answer | Asked in Employment Law for New Jersey on

Q: I am looking for an attorney in an employment related lawsuit I am facing from my previous employer (Piscataway, NJ)

I received summons from New Jersey Court.

Richard Yaskin answered on Jan 29, 2019

If you now reside in Minnesota, it seems that an initial question is whether you are now subject to the jurisdiction of the New Jersey court. What is the basis of jurisdiction over you claimed by the Complaint?

Richard

2 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for New Jersey on

Q: I'm a cook for ihop.a cook came in with bed bugs.owner found out but cook worked anyway.went to hospital and got it too.

Owner knew about it and choose for cook to work anyway.i have voice recording of dm telling owner about problem and medical records.

Peter N. Munsing answered on Jan 9, 2019

If you got them usually workers comp is the only remedy unless you needed extermination work at your home. Contact a member of the NJ Assn for Justice who handles comp cases---they give free consults.

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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 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 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 Law for New Jersey on

Q: I'm pregnant and approx. 8 weeks from my due date. My boss has just started cutting my hours to lower my disability pay.

I have been working overtime every week up until now. Is there anything I can do to get the pay I'm entitled to?

Emre Polat Esq. answered on Nov 12, 2018

Consider a consultation for a case evaluation. There could potentially be claims for pregnancy related violations.

1 Answer | Asked in Employment Law for New Jersey on

Q: I have a question about whether I can consider a "worker" an independent contractor vs employee.

I am looking to start a photography business. Part of the business involves providing a second photographer as an option to my clients. My question relates to whether it is enough to constitute submitting a 1099 or if I need to put them on payroll. So here are the specifics.

1. Client hires... Read more »

Leonard R. Boyer answered on Nov 4, 2018

Your answer depends on whether the person is free to come and go as the please or is under your direct control. A 1099 employee is one that doesn't fall under normal employment classification rules. Independent contractors are 1099 employees. Instead of having a permanent worker that takes... Read more »

1 Answer | Asked in Employment Law for New Jersey on

Q: If I just got fired, how do I know if it was a wrongful termination?

Christopher J. Eibeler answered on Oct 6, 2018

An employer can terminate an employee in who is employed at will in New Jersey for any reason or no reason at all so long as the reason is not an illegal one. Illegal reasons include terminations based upon discrimination, retaliation and hostile work environment. In determing whether A termination... Read more »

1 Answer | Asked in Employment Law for New Jersey on

Q: I hurt myself outside of work and need to go on 'light duty' for two weeks at my doctor's orders. Can my employer

legally refuse this request?

Christopher J. Eibeler answered on Sep 15, 2018

An employer must engage in an interactive process with an employee who is in need of a reasonable accommodation because of a disabilty. This requires both the employee and the employer to act in good faith, share information with each other and openly communicate. If an employer can show that the... Read more »

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 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 Law for New Jersey on

Q: My employer is attempting to suspend me without pay as punishment for performance. Nothing is in our handbook. Can they?

I was given a performance improvement plan as my first written disciplinary infraction after being employed for approximately a year and a half. Suspension is not mentioned as a consequence. No review of my performance was ever conducted. I as given a self review to fill out months ago, which I... Read more »

Christopher J. Eibeler answered on Jul 25, 2018

New Jersey is an at-will state, meaning an employer can discipline or terminate an employee for any reason or no reason at all, so long as the reason is not an illegal reason. An employer's failure to follow its own disciplinary procedures may be viewed a pre-text in cases of discrimination.... Read more »

1 Answer | Asked in Employment Law and Insurance Bad Faith for New Jersey on

Q: How can I get my money back from geico or domino's frenshise commercial insurance?

Hi, I am working at Domino's pizza as delivery driver part time job. While delivery someone robbed me and they took my car.I had full coverage with Geico which is they refuse to pay basically they denied my claim. After that i spoke to my domino's franchise owner he said his not responsible for... Read more »

Leonard R. Boyer answered on Jul 15, 2018

You have no chance of winning unless you retain an experienced litigation attorney. It is that simple. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor... Read more »

2 Answers | Asked in Criminal Law, Employment Law, Workers' Compensation and Civil Litigation for New Jersey on

Q: How can I get my money back from geico or Domino's frenshise commercial insurance?

Hi, I am working at Domino's pizza as delivery driver part time job. While delivery someone robbed me and they took my car.I had full coverage with Geico which is they refuse to pay basically they denied my claim. After that i spoke to my domino's franchise owner he said his not responsible for... Read more »

H. Scott Aalsberg Esq. answered on Jul 13, 2018

You may want to repost your question under insurance law so you get more responses as it is not a criminal law question.

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1 Answer | Asked in Employment Law for New Jersey on

Q: Are employers required to pay us for nights and weekends "on call"?

I work for a construction rental company and at night and weekends we are required to be on call. There is a rotating list. We only get paid if we get a call, which is not that often. However, we have to be available to answer our phone and must be local to respond to work. If we are unable to make... Read more »

Emre Polat Esq. answered on Jun 27, 2018

Are you required to show up to work if you're on call and when called? If they're requiring you to be on-call, you may be entitled to be compensated for that time.

1 Answer | Asked in Banking, Business Law, Contracts and Employment Law for New Jersey on

Q: Hi. I work for a bank, and have to pre-clear with them if I want to buy stocks. Do I have to pre-clear for ETFs as well?

H. Scott Aalsberg Esq. answered on Jun 6, 2018

More information is needed to specifically answer your question, but your best bet is to ask your employer and get it in writing.

1 Answer | Asked in Employment Law for New Jersey on

Q: if a person performs a service for a company are they entitled to compensation

H. Scott Aalsberg Esq. answered on Jun 2, 2018

Not necessarily that is why some people are called volunteers and others are called interns.

1 Answer | Asked in Employment Law for New Jersey on

Q: employer refusing to mail me my final check

won't mail it to me, and I don't want to pick it up.

Leonard R. Boyer answered on May 30, 2018

You should just go pick it up. You cannot legally force the employer to mail it to you.

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