New Jersey Employment Law Questions & Answers

Q: I was fired from fedex for a nonexcused absence because I’m on jury duty&on a criminal case.Is this wrongful termination

1 Answer | Asked in Employment Law for New Jersey on
Answered on Mar 12, 2019
Richard Yaskin's answer
You may have a claim of wrongful discharge against the public policy of New Jersey if FEDEX discharged you for serving an official jury duty. Did you timely provide proof of your jury service?

Is there more to FEDEX basis for discharge based on your alleged record of absences?

Best,

Richard

Q: I am currently in three of the protected classes (age, national origin and race/color.

1 Answer | Asked in Employment Law for New Jersey on
Answered on Mar 12, 2019
Emre Polat Esq.'s answer
Why do you believe there is discrimination, compared to others? Further information is required. Consider a consultation for a case evaluation.

Q: Does a "Prime Contractor" Differ from the meaning of vender or General Contractor"?

2 Answers | Asked in Contracts and Employment Law for New Jersey on
Answered on Feb 2, 2019
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.

Q: I am looking for an attorney in an employment related lawsuit I am facing from my previous employer (Piscataway, NJ)

1 Answer | Asked in Employment Law for New Jersey on
Answered on Jan 29, 2019
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?

Richard

Q: I'm a cook for ihop.a cook came in with bed bugs.owner found out but cook worked anyway.went to hospital and got it too.

2 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for New Jersey on
Answered on Jan 9, 2019
Peter N. Munsing's answer
If you got them usually workers comp is the only remedy unless you needed extermination work at your home. Contact a member of the NJ Assn for Justice who handles comp cases---they give free consults.

Q: Can I sue a small business?

1 Answer | Asked in Civil Litigation, Employment Law, Employment Discrimination and Health Care Law for New Jersey on
Answered on Dec 19, 2018
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.

Q: Can a Protective Order be used in a Federal Lawsuit to prevent video tapping of the plaintiffs deposition?

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Answered on Dec 5, 2018
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.

Richard

Q: I'm pregnant and approx. 8 weeks from my due date. My boss has just started cutting my hours to lower my disability pay.

1 Answer | Asked in Employment Law for New Jersey on
Answered on Nov 12, 2018
Emre Polat Esq.'s answer
Consider a consultation for a case evaluation. There could potentially be claims for pregnancy related violations.

Q: I have a question about whether I can consider a "worker" an independent contractor vs employee.

1 Answer | Asked in Employment Law for New Jersey on
Answered on Nov 4, 2018
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.

Q: If I just got fired, how do I know if it was a wrongful termination?

1 Answer | Asked in Employment Law for New Jersey on
Answered on Oct 6, 2018
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...

Q: I hurt myself outside of work and need to go on 'light duty' for two weeks at my doctor's orders. Can my employer

1 Answer | Asked in Employment Law for New Jersey on
Answered on Sep 15, 2018
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...

Q: Following countless reports of discriminatory treatment, my employer falsified documents to frame in me. Now what?

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Answered on Aug 5, 2018
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.

Q: My employer is attempting to suspend me without pay as punishment for performance. Nothing is in our handbook. Can they?

1 Answer | Asked in Employment Law for New Jersey on
Answered on Jul 25, 2018
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.

Q: How can I get my money back from geico or domino's frenshise commercial insurance?

1 Answer | Asked in Employment Law and Insurance Bad Faith for New Jersey on
Answered on Jul 15, 2018
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...

Q: How can I get my money back from geico or Domino's frenshise commercial insurance?

2 Answers | Asked in Criminal Law, Employment Law, Workers' Compensation and Civil Litigation for New Jersey on
Answered on Jul 13, 2018
H. Scott Aalsberg Esq.'s answer
You may want to repost your question under insurance law so you get more responses as it is not a criminal law question.

Q: Are employers required to pay us for nights and weekends "on call"?

1 Answer | Asked in Employment Law for New Jersey on
Answered on Jun 27, 2018
Emre Polat Esq.'s answer
Are you required to show up to work if you're on call and when called? If they're requiring you to be on-call, you may be entitled to be compensated for that time.

Q: Hi. I work for a bank, and have to pre-clear with them if I want to buy stocks. Do I have to pre-clear for ETFs as well?

1 Answer | Asked in Banking, Business Law, Contracts and Employment Law for New Jersey on
Answered on Jun 6, 2018
H. Scott Aalsberg Esq.'s answer
More information is needed to specifically answer your question, but your best bet is to ask your employer and get it in writing.

Q: if a person performs a service for a company are they entitled to compensation

1 Answer | Asked in Employment Law for New Jersey on
Answered on Jun 2, 2018
H. Scott Aalsberg Esq.'s answer
Not necessarily that is why some people are called volunteers and others are called interns.

Q: employer refusing to mail me my final check

1 Answer | Asked in Employment Law for New Jersey on
Answered on May 30, 2018
Leonard R. Boyer's answer
You should just go pick it up. You cannot legally force the employer to mail it to you.

Q: i need to know if i need an attorney for a HEARING AND PRE-HEARING ORDER.case# 00044 at the DOL

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Answered on May 30, 2018
Richard Yaskin's answer
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

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