Leonard R. Boyer's answer 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 sub-contractors.
Richard Yaskin's answer 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?
Leonard R. Boyer's answer 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.
Richard Yaskin's answer 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 litigation purposes only. You can hold the other party to give you the advance notice of videotaped deposition as is required by the federal rules.
Leonard R. Boyer's answer 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 direction from the company, your business would use an independent contractor who works under their own guidance. The Internal Revenue Service uses a right-to-control test to assess a business' tax liability.
Christopher J. Eibeler's answer 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 was for an illegal reason, it is strongly recommended that the employee contact an experienced employment lawyer to review all the facts and circumstances surrounding the termination and determine...
Christopher J. Eibeler's answer 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 employees request and/or other potential accommodations would constitute an undue burden on their business operations, they may be able to deny the request. Whether the requested accommodation is...
Christopher J. Eibeler's answer 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 possible and prior to your OAL disciplinary hearing.
Christopher J. Eibeler's answer 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. However, the employee, as the potential plaintiff, must first allege a prima facie case for discrimination, harassment or other illegal employment reason.
Leonard R. Boyer's answer 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 are you trained how to handle a legal case, especially if litigation is involved. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find...
Andrew S. Abramson's answer 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 claim that the termination was for poor performance, if instead, the termination was actually motivated by your age, race, sex, religion, national origin, disability or a recent leave from work, you...
Jay Schmerler's answer At-will employment is legal in NJ. As to the issue of unemployment, you may be eligible depending upon the reason for the separation. There may be some delay in receiving the benefits. This really depends upon the facts.
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