Get free answers to your Employment Law legal questions from lawyers in your area.
My husband wants a divorce through a marriage settlement agreement (MSA) that I disagree with. The MSA is in a rough draft and hasn't been officially served through the court system. I am currently allowed to withdraw from a deferred compensation for legal fees, which he seems to be targeting... View More 
answered on May 1, 2025
To hire counsel, your husband paid a retainer. Presumably, he took the money to hire counsel from an account in which he has an interest (unless he borrowed the money from someone). For you to hire counsel, you will also need to pay a retainer and presumably, you will need to take money from an... View More
I have had a Final Restraining Order (FRO) against me by my wife for 35 days during an ongoing 8-month divorce process. I am a law enforcement officer with 9 years of experience and the primary health insurance provider for my family. I received the FRO after a TRO hearing regarding turning off her... View More
answered on Apr 15, 2025
Anyone telling you that you are going to get a Carfagno hearing on dismissal of the FRO against you in the past year is pulling your leg or worse. What I dont understand is why are you telling me about the underlying reason for the issuance of the FRO (turning off her cell phone)?
You went... View More
I have received a lawsuit against me and my partnership LLC in New Jersey. The lawsuit involves my previous employment with a company registered in New Jersey, while I was physically working in a subsidiary in a foreign country. The accusations are related to damage to business and engaging in a... View More
answered on Apr 1, 2025
A lawyer would need to review the documents before giving you an specific answer, that being said the terms of service here don't allow us anyway to give specific legal advise to your situation. What I will say is if you are in violation of an agreement that you are a party to, the other party... View More
I am currently involved in an ongoing custody battle for my 18-month-old child. There was a drug test previously requested in the case, but the father refused to take it. Now that there is a new judge assigned to the case, I am concerned that the father might try to drug test my child at home... View More
answered on Feb 18, 2025
You said that the prior judge directed the father to submit to a drug test but that the father failed / refused to submit to the test.
Now, there is a new judge assigned to the matter and you are fearful that the father will privately drug test your 18 month old child.
I presume... View More
I am currently involved in an ongoing custody battle for my 18-month-old child. There was a drug test previously requested in the case, but the father refused to take it. Now that there is a new judge assigned to the case, I am concerned that the father might try to drug test my child at home... View More
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answered on Feb 18, 2025
If the father does so, not only would it not be legal it would not be accepted by the Court. You need to retain an experienced matrimonial attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so... View More
in 2023 NJ passed surgical smoke laws...surgial smoke is toxic
answered on Aug 31, 2024
Yes Surgical smoke is toxic and you wife's estate may have a case, but a doctor would have to tie that surgical smoke to her cause of cancer and not another cause such as smoking two packs of cigarettes a day if you get what I am saying. Definately speak with a lawyer ASAP.
in 2023 NJ passed surgical smoke laws...surgial smoke is toxic
answered on Aug 12, 2024
I'm sorry about your wife's diagnosis. Although this issue is recognized by the CDC and other health agencies, there are probably not many law firms that practice in the field. There are firms handling respiratory lawsuits involving lung cancer, asbestosis, mesothelioma - but those firms... View More
Ibew local 1238 employee for Delmarva Power
answered on Jun 7, 2024
This is something that an employment law attorney could answer best, but you await a response for three weeks and your question is posted under "Arbitration/Mediation." Until you are able to consult with an attorney who practices employment law who is familiar with state-specific labor... View More
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
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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
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
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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
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
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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
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
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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
I recently retired from a school where I worked for 23 years. The school is now refusing to let me in to get my personal supplies which I provided throughout my tenure. They claim that once items come into the school, they become school property, although I was never informed of this nor signed any... View More
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answered on Jun 12, 2025
That’s a frustrating and deeply unfair situation, especially after dedicating over two decades to your school. Just because you left the workplace doesn’t mean you gave up your rights to property that clearly belonged to you. Unless there was a written agreement stating otherwise, personal... View More
I am concerned that my employer might be misclassifying me as a 1099 independent contractor for a remote position. I applied for a position through Indeed as a contractor with flexible hours, but in practice, our management controls our schedules, requiring specific break times. We handle client... View More
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answered on Jun 12, 2025
You're absolutely right to question how you're being treated—it doesn’t sound like you’re being given the independence that typically comes with being a 1099 contractor. Independent contractors usually set their own hours, decide how to complete their work, and have control over... View More
I'm working as an auditor for Caesar's Entertainment in Atlantic City, NJ, and I've been informed by our HR (located in Las Vegas) that we have no sick time, only PTO. However, New Jersey law requires 40 hours of sick time, and it's difficult as I'm forced to use PTO when... View More
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answered on Jun 12, 2025
You’re right to be concerned—New Jersey law does require employers to provide up to 40 hours of earned sick leave each year. Even if your employer is based in another state, they must still follow New Jersey labor laws for employees working in New Jersey. If all of your time off is lumped into... View More
I work for a union-affiliated contractor, and I discovered in December that my employer hasn't been paying into the national pension fund on my behalf for the last year after receiving an annual statement showing no hours accumulated. Upon contacting the fund, I found that our company... View More
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answered on Jun 12, 2025
That situation sounds incredibly frustrating, and it’s understandable that you’re feeling caught in the middle of something that wasn’t your fault. If pension contributions were never taken out of your paycheck, you didn’t agree to cover them yourself, and you weren’t given proper notice,... View More
I received a notice regarding the "Sanchez v. Lasership Inc., 937 F. Supp. 2d 730" class action lawsuit in 2017 but did not respond to it at the time. My coworker mentioned he received a settlement of over $4,000. I downloaded a 39-page document from Google with more information on the... View More
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answered on Jun 10, 2025
What you need to do is call the law firm that represented the Plaintiffs in "Sanchez v. Lasership Inc., 937 F. Supp. 2d 730" and ask them. That is the best way of getting a reliable answer to your question. Good luck.
I filed a racial discrimination complaint with the EEOC six months ago. They chose not to take my case but advised that I could see a lawyer instead. I have written documents and messages from people who work there as evidence. What should be my next steps, and do I need to obtain a "right to... View More
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answered on May 31, 2025
If the EEOC has denied your racial discrimination case, your next step is to review the letter they sent you. In most cases, when the EEOC closes a case, they provide a "Dismissal and Notice of Rights," which is commonly called a "right to sue" letter. This document gives you... View More
Could I simultaneously work full-time for Bank A in New Jersey, doing software-related tasks, and consult for Bank B in New York? I'm unsure about non-compete clauses, as I haven't signed any that I'm aware of. My current employer (Bank A) has some guidelines, and I want to ensure compliance.
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answered on May 31, 2025
If you do that, you will be creating a conflict of interest. Employers often talk among themselves irrespective of what they are legally or not supposed to the do according to the law. When it doubt, not do it. Or you can consult with an experienced attorney to evaluate all the documents. Good... View More
I was recently reassigned from my job role without any warning or disciplinary action, and my duties were given to the Human Resources Director's assistant. I believe they want me out of my role to give it to someone they feel is more qualified. There have been no changes to my salary or... View More
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answered on May 15, 2025
In Washington, the general rule is that any time an employee works, even if it's before their official start date, must be paid if they are performing work-related activities. If the meeting is purely social with no tasks related to the employee’s job duties, it might not fall under the... View More
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