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New Jersey Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: Do I have a case for wrongful termination if there was no investigation done? Also have concerns with discrimination

along with harrasment from a Supervisor. I had a clean record up until last month which resulted in HR intervene. Requested to move to another shift to which the manager would not approve as I was labeled "a problem not moving" HR had me sit in a meeting with the manager and supervisor... Read more »

Paula M. Dillon
Paula M. Dillon answered on Apr 25, 2022

i would need to know more information.

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: when you are hired by a recruiter for a larger firm (at&t) if employment law is broken who is legally liable?

hired by a recruiter , denied employment for failed drug test, the drug is legal in my state (recreation and medicinal) my state protects people against denial of employment on the grounds of discrimination. im trying to find out who can i sue. the recruiter or the firm who the recruiter is hiring... Read more »

Paula M. Dillon
Paula M. Dillon answered on Apr 24, 2022

it could be both.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for New Jersey on
Q: Is it religious discrimination if employer gives raise to all vaccinated employees but not those w religious exemption?

I’m still able and required to fulfill the same job duties as my co workers but I’m being singled out from a significant raise due my religious exemption vs vaccination.

Debra Kradjian Stephans
Debra Kradjian Stephans answered on Mar 30, 2022

It could be. How large is this employer? How many employees are there in total that received raises? Were your co-workers employees longer than you were with this company? Do they have the same type of job as you do? The employer must be able to articulate the reasons why you were not treated... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: Can a job put you on unpaid leave for thirty days then after that thirty days say you quit?

I work as a contractor for Johnson n Johnson for company names Eurest! J&j recently mandated the vaccination and I do have two health problems I feel is a risk for it but my Dr denied me a medical excemption due to not looking good on their practice basically so the manager said he would help... Read more »

Paula M. Dillon
Paula M. Dillon answered on Sep 8, 2021

Yes. It would be viewed as a voluntary quit. Companies can mandate vaccines unless you have a medical or religious exemption.

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for New Jersey on
Q: Q: Can I as a hospital employee bring a lawsuit against the hospital for trying to mandate the Covid-19 vaccine?

According to our US Constitution, Federal and State Citied Laws, this is absolutely illegal and unlawful to require or lose your job.

Carrie Dyer
Carrie Dyer answered on Jun 2, 2021

It is not unlawful for your employer to mandate the COVID-19 vaccine as a condition of employment. However, your employer is obligated to consider exemption requests if they are based on medical or religious reasons.

1 Answer | Asked in Employment Discrimination for New Jersey on
Q: Can an employee record audio from a work meeting in new Jersey
Leonard R. Boyer
Leonard R. Boyer answered on Mar 10, 2021

This question has been asked and answered previously.

1 Answer | Asked in Employment Discrimination for New Jersey on
Q: Can an employee record audio from a work meeting in new Jersey
Leonard R. Boyer
Leonard R. Boyer answered on Mar 10, 2021

New Jersey is a one person consent state. But this is not a clearcut question and without specific facts, a determination cannot be made.

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: I believe I got wrongfully terminated for being pregnant, I need to speak to a lawyer. In NJ can I legally record a cal

My job sent me Cobra Insurance with a notice of me being terminated, no one has called me, however I believe I'm being wrongfully terminated for being pregnant, as they are noe hiring for my exact position on Facebook. I want to find out if I can pursue legal action against them. I want to... Read more »

Andrew S. Abramson
Andrew S. Abramson answered on Jul 3, 2020

The facts that your present could support a pregnancy discrimination case. Prior to moving forward with any further communication with your former employer you should definitely consult with a lawyer. We would be happy to discuss your entire situation with you. Please contact our office.

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: Can I be fired from my Firm because my HR Director feels I'm immune compromise due to my having Hodgkins in 2013?

On 3/5 I was told to start working from home due to my immune system. Last week I was 1 of many asked to volunteer to resign. I don't plan on resigning. My Oncologist gave me a letter stating I'm not immune compromised since it's been 7 yrs that I'm in remission. When do I send... Read more »

Andrew S. Abramson
Andrew S. Abramson answered on Jun 10, 2020

You should provide the doctor’s note to your employer as soon as you possibly can. Also, if you are eventually terminated, you should contact an experienced employment law attorney to evaluate all of the facts surrounding the termination as you may have a claim for perceived disability... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: My employer just fired 3 employees and wants to cut my pay by 33%.

This comes one week after I informed them that I am pregnant and one week after they issued themselves $75000-$84000 bonuses. They claim my pay reduction from $60000 to $40000 (now only female and least paid employee) is due to a slow in business. They offered me 10000 shares if and when the... Read more »

Kyle Anderson
Kyle Anderson answered on Mar 19, 2020

Reach out to an employment attorney in your state for a consultation. It sounds like this pay cut came right after you announced your pregnancy, and discrimination based on pregnancy is unlawful.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for New Jersey on
Q: Repeated asked fellow manager at work to leave me alone and stop harassing me (non-sexual).

HR and top management did nothing. I recently found out from one of the HR members that this same employee has multiple pending sexual harassment lawsuits against him and the company. Which our company is settling. I asked for this employee to be kept away from me if these allegations are true.... Read more »

Carrie Dyer
Carrie Dyer answered on Feb 26, 2020

If the harassment is not sexual in nature, and is not based on your membership in a protected class (race, gender, age, etc.), then there is little protection available under the law. You should consult an employment attorney in your area to discuss the specific type of behavior to which the... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: I work for a small business in NJ with less than 25 employees . My wife is about to deliver our first child.

Am I allowed by Law to get paid paternal leave? If yes , for how long . I know that companies with 30 employees and more must provide their employees with paid leave, just not sure what is the laws saying about smaller businesses. Thank you.

Kyle Anderson
Kyle Anderson answered on Feb 19, 2020

Hi, the federal law governing medical leave, the Family Medical Leave Act ("FMLA") does not require the employer to give you *paid* leave. It protects your job if you take unpaid leave, however. One issue I see is whether or not your employer is covered by the FMLA. You state the employer... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: Can my employer lower my compensation plan because I made too much money?

Set an agreed upon lower base with a high compensation plan. Did a great job with sales and now my employer told me he was cutting my compensation plan by 75% because I made too much money. But also congratulations me on performance. Told me no room for negotiation and I had to give my answer... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Dec 12, 2019

This will depend on whether you have a written employment contract stating that you would be paid the agreed-upon amount for a specific amount of time (for example, for the next year). If you don't have this, then unfortunately you do not have a claim under federal law, as the Fair Labor... Read more »

1 Answer | Asked in Employment Discrimination, Immigration Law and Workers' Compensation for New Jersey on
Q: An undocumented employee got injured at a work place and the employer doesn't seem to want to pay for the medical bills.

I have a part time job where an undocumented employee got injured on the job and the employer is asking him to fill out an I-9 verification form so that he can pay the medical bills. By the looks of things it seems like my boss is trying to get rid of him and not actually pay for the medical bills,... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 28, 2019

Both your boss and the undocumented worked are in violation of Federal law. It is unwise to post anything further about this in a public forum monitored by law enforcement. There is no attorney-client privilege online and this situation is far beyond the scope of this forum.

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...
Read more »

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.

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