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New Jersey Employment Law Questions & Answers
4 Answers | Asked in Divorce, Contracts, Employment Law and Family Law for New Jersey on
Q: Disagreement with marriage settlement agreement and withdrawal for legal fees.

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

Richard Diamond
Richard Diamond
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

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4 Answers | Asked in Domestic Violence, Divorce, Employment Law and Family Law for New Jersey on
Q: Options to reverse or drop an FRO affecting my job and benefits in NJ?

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

Richard Diamond
Richard Diamond
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...
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3 Answers | Asked in Business Law, Contracts, International Law and Employment Law for New Jersey on
Q: Lawsuit against me and LLC in NJ over alleged competition while employed abroad. Impact of non-compete?

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

H. Scott Aalsberg
H. Scott Aalsberg
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

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2 Answers | Asked in Child Custody and Employment Law for New Jersey on
Q: Can a parent legally drug test a child at home without a court order during a custody battle?

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

Leonard R. Boyer
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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

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2 Answers | Asked in Child Custody and Employment Law for New Jersey on
Q: Can a parent legally drug test a child at home without a court order during a custody battle?

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

Richard Diamond
Richard Diamond
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...
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1 Answer | Asked in Employment Law, Personal Injury, Wrongful Death and Civil Litigation for New Jersey on
Q: my wife contracted lung cancer after 15 yaers working in the operating room

in 2023 NJ passed surgical smoke laws...surgial smoke is toxic

H. Scott Aalsberg
H. Scott Aalsberg
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.

1 Answer | Asked in Employment Law, Personal Injury, Wrongful Death and Civil Litigation for New Jersey on
Q: my wife contracted lung cancer after 15 yaers working in the operating room

in 2023 NJ passed surgical smoke laws...surgial smoke is toxic

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Arbitration / Mediation Law and Employment Law for New Jersey on
Q: Is there a time frame that must be followed to award back pay once an arbitration decision is won in NJ?

Ibew local 1238 employee for Delmarva Power

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Employment Law for New Jersey on
Q: A multi employer pension plan reduced accrued benefits for 5 years,with a promise to the contributors that there would

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

James L. Arrasmith
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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

1 Answer | Asked in Civil Rights and Employment Law for New Jersey on
Q: I filed a discrimination claim against a company and they destroyed video evidence what can I do?

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

James L. Arrasmith
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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

1 Answer | Asked in Contracts, Employment Law, Civil Rights and Libel & Slander for New Jersey on
Q: Contracted employee making unfounded defamatory statements about the business owner and other staff members-

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Small Claims for New Jersey on
Q: Can I send a text saying since I have sent haven’t received response I will put items on curb by end of week?

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

James L. Arrasmith
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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

1 Answer | Asked in Employment Law and Immigration Law for New Jersey on
Q: Left caregiver job in NJ after argument, haven't received pay for last 5 days worked.

I'm an immigrant who recently walked off my live-in caregiver job in New Jersey due to an argument with my employer. I worked for almost a year without having signed a formal contract, and even after working 5 days up to the date I left, I have not received my pay. I've tried contacting... View More

James L. Arrasmith
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answered on Apr 27, 2025

You have legal rights to recover your unpaid wages regardless of your immigration status. The Domestic Workers' Bill of Rights, which took effect in July 2024, protects the work rights of every domestic worker in New Jersey, regardless of immigration status. As a live-in caregiver, you are... View More

1 Answer | Asked in Employment Law for New Jersey on
Q: Is it legal for a NJ company to require signing a new handbook under threat of termination after 6 years without one?

I have been working for a company for 6 years in New Jersey and have never received an employee handbook before. The company has recently introduced a new handbook that they are requiring all employees to sign, stating that if we don't sign, we may face termination. Is this legal, especially... View More

Paula M. Dillon
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Paula M. Dillon
answered on Apr 17, 2025

There is nothing illegal about this request. However, if your employment is governed by a collective bargaining agreement, you may want to consult with a union representative

1 Answer | Asked in Employment Law for New Jersey on
Q: Terminated for alleged performance issues after medical leave. Options?

In December 2024, I was surprised to receive a verbal warning for performance issues, as I had been working under direct guidance and felt the concerns arose from misunderstandings or shared responsibilities. I took steps to clarify and improve despite shifting priorities and confusing management.... View More

James L. Arrasmith
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answered on Apr 16, 2025

You may have grounds to challenge this termination, especially if your performance was not clearly documented as failing and the timing of your medical leave appears connected. Terminating an employee just days after returning from protected medical leave—especially under the Family and Medical... View More

1 Answer | Asked in Employment Law for New Jersey on
Q: Asked to sign computer usage policy, fear of being phased out after requesting raise.

I was asked to sign a computer usage policy at work, yet others who use computers are not required to sign it. My employer recently handed me this form after I requested a raise, which they didn't like. Shortly after, they hired a friend to oversee my position, and he's the one who gave... View More

James L. Arrasmith
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answered on Apr 16, 2025

You're right to be concerned, especially given the timing of these events. When you're singled out to sign a policy that others using similar equipment are not required to sign, and that follows a raise request and sudden supervisory changes, it can signal a shift in how your employer is... View More

1 Answer | Asked in Child Support, Health Care Law, Employment Law and Family Law for New Jersey on
Q: Will changing my name affect my insurance and child support?

I am a 20-year-old transgender woman seeking to change my name for career and personal safety reasons. My mother says it could affect my healthcare insurance, as I am listed under her policy. She also worries my father, who pays her child support, might use my name change as an excuse to stop... View More

James L. Arrasmith
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answered on Apr 13, 2025

Changing your name may require updating your information with various institutions, including your healthcare insurance and the child support system. For your health insurance, you will need to notify your insurance provider about your name change to ensure your records are updated. As long as your... View More

1 Answer | Asked in Government Contracts, Employment Law and Gov & Administrative Law for New Jersey on
Q: Is standing required for security officers when Federal Police enter a room?

As an armed security officer working under a federal contract, we've been told by an inspector that we're required to stand when a Federal Police officer enters a room. On March 26th, the officer implied that standing is expected, but there's no post order detailing this requirement.... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like you're in a challenging situation where there's a lack of clarity and written guidelines regarding expectations from Federal Police officers. Without clear post orders or official documentation, it’s difficult to know what is actually required of you. The first step is to... View More

1 Answer | Asked in Employment Law for New Jersey on
Q: Can I sue my boss and owner for mistreatment at my job in NJ?

After working for 25 years at my current job, I am experiencing mistreatment and being deprived of the tools and duties necessary for my position. My immediate boss frequently curses at me, yells, and humiliates me. Additionally, my vacation time has been denied, and I have not received any pay... View More

James L. Arrasmith
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answered on Apr 13, 2025

In New Jersey, you may have grounds to pursue legal action if you are being mistreated at work, especially if the behavior is severe or ongoing. If your boss's actions involve harassment, humiliation, or retaliation, you may have a case for emotional distress, harassment, or even constructive... View More

1 Answer | Asked in Employment Law for New Jersey on
Q: Can I sue for termination during maternity leave in NJ without notice?

I have been employed with my company for almost 3 years, and while I was on maternity leave, I was informed verbally about my termination two weeks before I was supposed to return. No formal writing or prior notice was given, and there had been no communication about company policy changes. Can I... View More

James L. Arrasmith
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answered on Apr 13, 2025

In New Jersey, it is illegal for employers to terminate employees due to pregnancy or maternity leave, as this violates both state and federal laws, including the New Jersey Family Leave Act (NJFLA) and the Family and Medical Leave Act (FMLA). If you were on maternity leave and your employer... View More

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