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New Jersey Employment Discrimination Questions & Answers
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.

1 Answer | Asked in Employment Discrimination for New Jersey on
Q: I work for a NJ-based company and had a baby last year. I'm pregnant again and worried I will get fired when I tell them

I work for a NJ-based company. They are a small company with only about 10 or so employees, so I’m not sure what my rights are, if any.

I had a baby last year. I found out after returning to work that I would then be eligible to receive 6 additional weeks of partially paid bonding leave... Read more »

Emre Polat Esq.
Emre Polat Esq. answered on Aug 31, 2018

Discrimination based on pregnancy is still illegal under the NJLAD, regardless if the employer is a small employer. If you feel you are being mistreated, discriminated, or fear you will lose your position because you are pregnant, consider a consultation for a case evaluation.

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
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 Discrimination for New Jersey on
Q: My co-worker keeps asking me out and I am uncomfortable with it. Should I let my boss know?
Christopher J. Eibeler
Christopher J. Eibeler answered on Aug 4, 2018

An employer has an obligation to have an effective anti-discrimination policy and to exercise reasonable care to prevent and correct promptly any sexually harassing behavior. As an employee who is being harassed by unwelcomed harassment, you should take advantage of any preventive or corrective... Read more »

1 Answer | Asked in Employment Discrimination for New Jersey on
Q: What to do when employer refuses to communicate in regards to return to work with reasonable accommodations under ADA ?

VP/Manager of rebar instillation division of established steel company. I have been out on medical leave/work comp and have sustained an acute lumbar disc herniation which required surgery, due to this injury I will have permanent physical limitations which are now covered under the ADA act. My... Read more »

Richard Yaskin
Richard Yaskin answered on Jun 23, 2018

You likely have 12 weeks of job protected medical leave under the FMLA and then ant extended medical leave with job protection would be a disability accommodation under federal and state disability law. As you contend that your medical restrictions will permit you to perform the essential functions... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: i need to know if i need an attorney for a HEARING AND PRE-HEARING ORDER.case# 00044 at the DOL
Richard Yaskin
Richard Yaskin answered on May 30, 2018

Please share the type of case you have at the DOL and what is at issue. I should then be in position to answer your question.

Richard

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: What is the likelihood that I have a wrongful termination lawsuit, that could result in obtaining severance

I worked 15 years for my employer, with an additional 2 grandfathered years. March 2018 I was fired for performance. The firing came 3 weeks after being put on final notice with a six week improvement / performance plan to be completed by April 13. I had not received a poor review in my time with... Read more »

Andrew S. Abramson
Andrew S. Abramson answered on May 15, 2018

Assuming that you did not sign the proposed severance agreeement which presumably would have a release of all claims, it is possible that you may have a claim, depending upon the employer’s true motivating reason behind the termination. For instance, if you believe that despite the employer’s... Read more »

1 Answer | Asked in Employment Discrimination for New Jersey on
Q: Is a company allowed to force workers to work; more then 40 hours
Emre Polat Esq.
Emre Polat Esq. answered on May 9, 2018

If you're paid by hour as a non-exempt employee, they must compensate you at the overtime rate of 1.5x your regular rate for any hours over 40 hours per week.

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