It is not unlawful for your employer to mandate the COVID-19 vaccine as a condition of employment. However, your employer is obligated to consider exemption requests if they are based on medical or religious reasons.
Generally speaking, in the employment law context, you can only request to not be required to have it if you have a religious objection or a disability/medical condition. I would reach out to an employment law attorney in your state for a consultation.
New Jersey is an at-will state, but that does not apply to employees who have a contract with the employer, and it does not permit employers to terminate employees for unlawful reasons, such as retaliation or discrimination. Employers have the right to mandate that employees get the COVID-19...Read more »
A job description is not a contract. An employer generally has the ability to add or remove job duties at any time for any reason. Unless you have a contract explicitly outlining the duties you will be responsible for performing, there is no legal recourse available to you.
Whether a person can work in a Delaware school district is a question for someone familiar with Delaware law, but in terms of expungement, if the offense is eligible for expungement under all of the other variables, the 5 year waiting period begins at the completion of probation.
I am on Social Security Disability and I applied for a job at a local grocery store. I revealed this fact to the interviewer when I was called. I explained I could only work 19 hours due to Social Security. They said they for people who could work between 10-24 hours but they preferred 24 hours. So... Read more »
They likely didn’t want to have to worry about how they scheduled you and might have been concerned about a possible worker’s comp claim. You’d likely have a hard time proving the didn’t hire you just because you are disabled.
However I’m concerned that you think there is a...Read more »
The Fair Labor Standards Act is the federal law that governs the payment of wages, and it only requires that you be paid for time you are actually performing work. So, while employers have the option to pay employees for time off for illness or injury, it is not required under the FLSA.
I reside in Northern Jersey and I know employment laws vary by state. Additionally, the store closed down at 1 PM anyways which was my original start time. I lost vacation hours for hours I could not work due to the store being closed early and for calling out due to inclement weather (snow storm).... Read more »
Since there is no law that requires employers to offer vacation time or other paid time off, employers can use employees' vacation time to provide pay during days the employee calls off or during days the building cannot open.
If you signed an employment contract with your company that stated you would forfeit your sign-on bonus if you resigned within a year, then your employer may choose to pursue you for the sign-on bonus you'd forfeit under the agreement based on a breach of contract theory. However, since you...Read more »
State of New Jersey Jurisdiction. The Employee acknowledges the time, efforts and resources the Company has and agrees to expend in Jurisdiction Employee. Employee understands that the Company is depending on the Employee to work on in-house or various Company projects and that the Company will... Read more »
I am going out on maternity leave in mid-November and my company pays a bonus in December. They are stating because I won’t be an active employee I won’t receive the bonus at all. Yet others who went out on leave throughout the year and returned will get this bonus. Does this sound... Read more »
Paying employees who are on a maternity leave less favorably or differently than employees who are not on such a leave can potentially support a claim for discrimination, retaliation and violation of wage and hour law. You should hire an employment lawyer for advice on your rights and the best...Read more »
I am not sure what you mean by "tasking." If you are properly classified as a salary exempt employee, then you would not be entitled to overtime regardless of the number of hours you work per week or the time you spend on certain tasks. However, you must be paid overtime for all hours...Read more »
In New Jersey employment is at will unless there is a contract between the employee and the employer. You should consult an employment attorney to advise you on your employment documents. This answer does not constitute legal advice and is for information only.
If an employee has a need to work from home for a medical reason (COVID-19 or otherwise) including pregnancy, to quarantine, to take care of a sick family member or to care for a child who has to participate in school at home, the employee could have rights to request a full work from home...Read more »
I had an L visa. The lawyers hired by my spouse’s company were supposed to file an extension petition with the USCIS for me since we were to return home 2 weeks after my I-94 expiration. However, they did not file the petition properly. Therefore, the USCIS sent a Notice of Deficiency to them,... Read more »
It would be worth your while to at least register a bar complaint against any attorney you feel acted in bad faith. As far as a lawsuit, your best bet would be to consult with an attorney regarding the facts in the case to get an idea if that would be effective.
for 35 years. Last year he said I would be receiving money at the beginning of this year. I haven’t received anything. I stayed home and raised our three kids, never asked for anything from him. Suddenly he won’t speak to me. Should I call his former company for information or should I hire... Read more »
I gather you and he are not divorced. If you are not divorced, then the only way that you are going to share in his retirement benefits is if you file for divorce and as part of the divorce process, a qualified domestic relations order (QDRO) is entered in your favor, dividing his retirement...Read more »
NBOE staff started working remotely as of March 16, 2020. During this time, I developed an autoimmune condition. I have asked to work remotely until my health is stabilized and I'm not at high risk of contracting COVID-19. Currently, I'm seeing various specialists and I'm on various... Read more »
It sounds like you may have a claim for failure to accommodate under the Americans with Disabilities Act ("ADA"). Disabled employees who work for companies with 15 or more employees are entitled to request reasonable accommodations from their employer. While your employer doesn't...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.