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New Jersey Employment Law Questions & Answers
1 Answer | Asked in Employment Law for New Jersey on
Q: If someone signs an employment contract. Do they have the right to decide to cancel it with a certain time frame?
Rhiannon Herbert
Rhiannon Herbert answered on Jun 16, 2021

The answer to this question will depend on the language that is in the contract, but generally, once a contract is signed (and assuming you weren't coerced or forced into signing), it becomes binding.

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for New Jersey on
Q: Q: Can I as a hospital employee bring a lawsuit against the hospital for trying to mandate the Covid-19 vaccine?

According to our US Constitution, Federal and State Citied Laws, this is absolutely illegal and unlawful to require or lose your job.

Carrie Dyer
Carrie Dyer answered on Jun 2, 2021

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.

1 Answer | Asked in Employment Law and Personal Injury for New Jersey on
Q: Can a healthcare employer mandate the “experimental“ COVID shot. This is in the experimental phase.

Isn’t this coercion and undue influence? Isn’t this a violation of the Informed Consent Law?

https://law.justia.com/codes/new-jersey/2013/title-26/section-26-14-4/

And what about religious exemptions?

https://law.justia.com/codes/new-jersey/2013/title-26/section-26-1a-9.1/

Thank you!

Kyle Anderson
Kyle Anderson answered on May 27, 2021

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.

1 Answer | Asked in Employment Law for New Jersey on
Q: Is New Jersey an “at will” state? Does an employer have any right to mandate the experimental Covid shot?
Lisa I. Fried-Grodin
Lisa I. Fried-Grodin answered on May 20, 2021

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 »

1 Answer | Asked in Employment Law for New Jersey on
Q: I'm doing a job outside my job description for weeks now but no one explain to me why my responsibility has change

The person who is responsible for the job is available but I'm still instructed to do it

Carrie Dyer
Carrie Dyer answered on Apr 7, 2021

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.

1 Answer | Asked in Criminal Law and Employment Law for New Jersey on
Q: can a person work In a Delaware school district If they have a felony but the felony is not against a child.

but the person only received one year probation no jail time. and was told it could be expunged in 5 years they were charged in 2018. and finish their probation in 2019.

Amber Forrester
Amber Forrester answered on Mar 29, 2021

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.

1 Answer | Asked in Employment Law and Social Security for New Jersey on
Q: Should I be concerned I am being discriminated against for being on disability

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 »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Mar 28, 2021

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 »

1 Answer | Asked in Employment Law for New Jersey on
Q: Am I suppose to get paid for time of if exposed to covid 19 ?

if another employee tested positive for covid and the doctor advised to stay home for 10 days after exposure.

Rhiannon Herbert
Rhiannon Herbert answered on Mar 23, 2021

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.

1 Answer | Asked in Employment Law for New Jersey on
Q: Hello, Are employers allowed to take vacation hours due to calling out for inclement weather?

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 »

Rhiannon Herbert
Rhiannon Herbert answered on Feb 24, 2021

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.

2 Answers | Asked in Business Law, Employment Law and Workers' Compensation for New Jersey on
Q: Do I need Workers Compensation Insurance if I have no employees in the business, except myself?.

We are family consulting microbusiness, owned by my wife (she does not do work in this business). I feel Workers Compensation Insurance is useless for us, but dont want to pay fine for not having it.

Thank you

Gregory

Tim Rose
Tim Rose answered on Feb 3, 2021

You may still be required to carry workers comp insurance. Check with the NJ Dept. of Labor and Workforce Development based on what type of work entity you have created.

"Sole Proprietorship – All sole proprietorships operating in

New Jersey must maintain workers’...
Read more »

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1 Answer | Asked in Employment Law for New Jersey on
Q: Can employer claw back sign-on bonus?

Good afternoon. When I joined my employer, NJ based ADP Inc., I was given a sign-on bonus with the condition that I would have to pay it back if I left the company voluntarily within a year.

I just resigned and my last day with ADP will be 25 days short of completing one year with them.... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jan 20, 2021

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 »

1 Answer | Asked in Contracts, Employment Law and Immigration Law for New Jersey on
Q: Is the below ask for damages for valid for H1B person. It was signed when I was in my country

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 »

Nina Frances Juncewicz
Nina Frances Juncewicz answered on Jan 12, 2021

The answer to this question would partly depend on the US state which governs employment and that states common or statutory rules on recouping liquated damages to which the US immigration law defers.

This is meant to set you on the right track, and not as comprehensive legal advise.

1 Answer | Asked in Employment Law for New Jersey on
Q: Is my job supposed to not pay my bonus at all or should they be prorating it until my return?

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 »

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin answered on Oct 30, 2020

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 »

1 Answer | Asked in Employment Law for New Jersey on
Q: If you are a salaried employee, is there a percentage of time your week can be spent tasking?

I seem to recall there is a certain percentage where if that is met, overtime needs to be paid

Carrie Dyer
Carrie Dyer answered on Oct 21, 2020

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 »

1 Answer | Asked in Employment Law for New Jersey on
Q: NewJersey- offer letter fr employment states that 2 months notice is needed or I have to pay 2 mnths salary - legal?

located in NJ : Offer letter from employer states - must give 2 months notice , if not , you will have to pay 2 months salary .Is this legal ? the reason I ask is - I heard NJ is at will employment

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin answered on Oct 19, 2020

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.

1 Answer | Asked in Employment Law for New Jersey on
Q: Can an employer in NJ force an office worker back into the office one day a week under EO 107?

Under EO 107, paragraphs 10 and 11 offices must provide telework options for employees where practicable.

With this EO in place today, October 15 2020, can an employer tell an employee who was working remotely that they must come into the office for one day per week, working remotely the... Read more »

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin answered on Oct 19, 2020

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 »

1 Answer | Asked in Legal Malpractice, Consumer Law, Employment Law and Immigration Law for New Jersey on
Q: Can I sue my lawyers for legal malpractice? They did not file my petition with the USCIS on time.

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 »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 6, 2020

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.

1 Answer | Asked in Employment Law for New Jersey on
Q: My employer is asking for me to provide COVID test results, is this permitted under NJ law?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 20, 2020

Much more information would be needed to be known to properly answer your questions such as where do you work. Obviously it would be important if you work at a nursing home.

2 Answers | Asked in Divorce and Employment Law for New Jersey on
Q: My husband recently retired. Shouldn’t I be getting half of his retirement benefits? Separated for 8 years and married

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 »

Richard Diamond
Richard Diamond answered on Aug 24, 2020

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 »

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1 Answer | Asked in Employment Law for New Jersey on
Q: What are my options when my supervisor is putting my health at risk and refuses to consider my doctor's orders?

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 »

Rhiannon Herbert
Rhiannon Herbert answered on Aug 19, 2020

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 »

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