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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 work for a teacher's aid placement company and have been suspended after reporting abuse at my student's home. I haven't received any warnings before this suspension, and I'm not part of a union. My supervisor mentioned an ongoing investigation, but I'm unaware of any... View More
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answered on Mar 24, 2025
Your situation raises serious legal concerns. Reporting suspected child abuse is generally protected by whistleblower laws, and suspending you for fulfilling this duty could constitute retaliation. The lack of prior warnings and communication about the suspension terms adds to the troubling nature... View More
I am being offered a teaching job that requires a national background check. In Pennsylvania, I was served with a temporary Protection from Abuse (PFA) order, which expired in May 2023. The order had no specific restrictions or conditions, and there were no criminal charges or convictions, nor any... View More
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answered on Mar 21, 2025
The background check will show that, but it is not possible to know what the institution offering you the teaching job will treat it. Every school is different. Any of us speculating will not help you. Good luck.
My friend works and lives in a company-provided apartment in New Jersey. He allowed a girl, who was struggling with heroin addiction, to stay with him as she had nowhere else to go, but she is not on the lease and her presence risks his job. He could face trouble due to a domestic violence no... View More
answered on Mar 20, 2025
What is the nature of the relationship between the employer and your friend? My initial thought is that he moves by ejectment. I would just like to clarify what is the legal relationship is between the employer, your friend in the apartment.
I'm a personal trainer from New Jersey earning a $110,000 salary while working 75-80 hours a week with no overtime pay. I'm classified as an independent contractor, yet I use the facility's space and equipment, and I have no control over my schedule, marketing, or structure. I am... View More
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answered on Mar 20, 2025
You should be classified as a W2 employee and sue for your back unpaid overtime pay. 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 don't choose based on price. With modern technology, you... View More
I was injured on 12/16/24 while trying to pick up a box as a delivery driver, resulting in a lower back injury. The vehicle had cameras inside and outside for evidence. I reported the injury to my employer and filed a workers' compensation claim. I'm experiencing severe pain and... View More
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answered on Mar 18, 2025
I am sorry to hear of this unfortunate situation.
You still have the right to full workers compensation benefits even though you were terminated. Those do not end with termination.
With respect to the terrmination, there is a law in Nj against retaliatory termination for asserting a... View More
I am currently separated from my husband and planning to file for divorce. We both have debts, some of which are related to his ongoing legal case. My husband is due to be sentenced on the 28th of this month. I would like to know if I will be fully responsible for these debts. Additionally, we have... View More
answered on Mar 11, 2025
More information would be needed to answer your question as specific questions would need to be asked and answered, to give you the answer in your case. But in many cases a spouse is responsible for the debts of the other spouse especially for necessity's of life. Set up a consultation to... View More
I'm an international student on an F-1 visa in New Jersey. My SEVP-approved master's program is no longer eligible for F-1 students. I have only two days to decide if I should switch to a fully in-person program, transfer to another SEVP-approved university, or leave the U.S. without a... View More
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answered on Feb 27, 2025
You might have grounds to sue your university based on breach of contract principles if they failed to maintain proper SEVP certification due to negligence. The enrollment agreement you signed likely creates contractual obligations between you and the institution, and sudden program... View More
When I visited the doctor in October and provided a weight limit restriction, my employer issued a written warning stopping my PTO accrual. In November, I requested accommodation, but they said none were available and directed me to the company doctor. They deemed my documents insufficient, despite... View More
answered on Feb 24, 2025
You may have a Failure to Accommodate case. I would need additional facts.
I work for a LARGE railroad unaffected by my request. The policy is that we work 7 days a week on call with the option to choose any 24hours off at a first come first served basis (we call this an optional & it is paid)
That 24hrs off however is not guaranteed. There is a limited number... View More
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answered on Jan 28, 2025
It sounds like you may be experiencing religious discrimination. Under Title VII of the Civil Rights Act, employers are required to provide reasonable accommodations for religious practices unless it causes an undue hardship. Since your company is large and your absence on the Sabbath does not... View More
Should I file B2? And wait for H1B transfer to be filed to maintain legal status
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answered on Nov 15, 2024
Your grace period ending on November 29th creates a time-sensitive situation that needs careful attention. Filing for B2 status before your grace period expires could help maintain your legal status while waiting for the H1B transfer process.
If your new employer hasn't filed the LCA... View More
Is there any case law? I’m in New York. The nda says it is construed in Georgia
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answered on Nov 8, 2024
You are represented by counsel, so your attorney has to handle this matter for you, or whoever in his firm is covering for him. Good luck.
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