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New Jersey Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Consumer Law, Criminal Law and Military Law for New Jersey on
Q: An arrest record for an Article 15 was sent to FBI, what happens after 7 yrs? Does it show for employment in accounting?

During a deployment overseas, there was an incident involving multiple personnel. US Army CID took fingerprints and statements from personnel involved. The charges are shown on an fbi personal rap sheet few years after. There was no court martial. The disposition is only an article 15 ( non... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 15, 2020

An attorney would need much more information to properly answer your question.

1 Answer | Asked in Employment Law and Domestic Violence for New Jersey on
Q: I was hired by center for family Services in Glassboro NJ and fired for a disqualifying conviction, why?

Aggravated Assault first degree Felony.

Leonard R. Boyer
Leonard R. Boyer answered on Jan 13, 2020

You committed a very serious violent crime. No employer is going to want to take the risks associated with your employment. You really need to take actions to prove that you have or are in the process of rehabilitating yourself.

1 Answer | Asked in Employment Law for New Jersey on
Q: Can NJ co. force a full time employee working 20 yrs, 4 days/week, 32 hours, work 5th day, no increase pay?

non-union admin position

Rhiannon Herbert
Rhiannon Herbert answered on Dec 23, 2019

Under federal law, you must be paid at least minimum wage for all hours worked. If you are working 40 hours per week but are only being paid for 32 of those hours, then your employer has violated the Fair Labor Standards Act. If, however, you are being paid for the 40 hours you work, but you... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: Can my employer lower my compensation plan because I made too much money?

Set an agreed upon lower base with a high compensation plan. Did a great job with sales and now my employer told me he was cutting my compensation plan by 75% because I made too much money. But also congratulations me on performance. Told me no room for negotiation and I had to give my answer... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Dec 12, 2019

This will depend on whether you have a written employment contract stating that you would be paid the agreed-upon amount for a specific amount of time (for example, for the next year). If you don't have this, then unfortunately you do not have a claim under federal law, as the Fair Labor Standards... Read more »

1 Answer | Asked in Contracts and Employment Law for New Jersey on
Q: What are the chances of NJ Assembly Bill A1769 getting passed soon?

It deals with Non-Compete Agreements. I have a friend who works for a private school and she signed a non compete that prevents her from getting another teaching job within 12 miles of any of the schools for the company she works for. Because of the amount of schools they have she essentially can't... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 10, 2019

How can anyone intelligently speculate on this?

1 Answer | Asked in Employment Law and Immigration Law for New Jersey on
Q: How to obtain a work visa for my friend from India. I am USA resident and will sponsor him.

How do I sponsor him? What do I need to do?

Kevin L Dixler
Kevin L Dixler answered on Sep 25, 2019

It isn’t that easy. Much more information is needed. The USCIS and State Department must disqualify those who lack the proper employer and credentials. The buy American, employ Americans program has a significant impact upon discretion.

I strongly recommend an appointment with a competent...
Read more »

1 Answer | Asked in Business Formation, Employment Law and Tax Law for New Jersey on
Q: If I am the founder of a non-profit and am planning to pay myself according to a set salary, do I count as an employee?

Main thing is, I'm trying to set up a payroll, and I just want to know what to tell the payroll company (e.g., ADP) when they keep asking about the "employee."

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 11, 2019

Yes, you're an employee.

2 Answers | Asked in Employment Law and Tax Law for New Jersey on
Q: My employer isn't taking the correct amount of federal taxes out if any. Ive tried fixing it for months. What can I do

Most weeks they took out nothing. I was claiming 0 and married. I changed it to 1 then back to 0. I now have it 0 married but take out single with an extra $20. But I don't think they are taking the right amount out for any of the taxes now that I started looking closely. I called the labor board... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 25, 2019

The IRS changes the schedules for withholding all the time. It is your responsibility to tell your employer how many dependents you claim and your marital status--and any other info requested on the Form W-4. If you do not think it is enough, you can instruct them to take out additional money. You... Read more »

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1 Answer | Asked in Employment Law for New Jersey on
Q: Was approved for family leave. August 2018 till August 2019. They use roll back method. Went over time by 3 days.

Have accumulated more time the following week. Was terminated for time and attendance after 32 years.

Jonathan Ian Nirenberg
Jonathan Ian Nirenberg answered on Apr 23, 2019

I suggest you talk directly with an employment lawyer. I would want to evaluate potential claims of retaliation in violation of the FMLA and to determine whether they gave you proper notice of your rights and obligations under the FMLA. If the leave was for your own medical condition, I also... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: I was fired from fedex for a nonexcused absence because I’m on jury duty&on a criminal case.Is this wrongful termination

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

Richard Yaskin
Richard Yaskin answered on Mar 12, 2019

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?...
Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: I am currently in three of the protected classes (age, national origin and race/color.

I received bonus and salary increase numbers which were lower than expected given excellent performance and no disciplinary issues. Because manager did not have details on the numbers, I requested a letter from HR that would specify the numbers and the details including how the numbers were... Read more »

Emre Polat Esq.
Emre Polat Esq. answered on Mar 12, 2019

Why do you believe there is discrimination, compared to others? Further information is required. Consider a consultation for a case evaluation.

2 Answers | Asked in Contracts and Employment Law for New Jersey on
Q: Does a "Prime Contractor" Differ from the meaning of vender or General Contractor"?

Can a contractor be classified as

other than a Person working on real estate?

Leonard R. Boyer
Leonard R. Boyer answered on Feb 2, 2019

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... Read more »

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1 Answer | Asked in Employment Law for New Jersey on
Q: I am looking for an attorney in an employment related lawsuit I am facing from my previous employer (Piscataway, NJ)

I received summons from New Jersey Court.

Richard Yaskin
Richard Yaskin answered on Jan 29, 2019

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

2 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for New Jersey on
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.

Owner knew about it and choose for cook to work anyway.i have voice recording of dm telling owner about problem and medical records.

Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2019

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.

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Q: Can I sue a small business?

I told my boss and one manager that I was pregnant and asked them not to tell anyone else. My whole job now knows and I feel uncomfortable at work. Are they allowed to share my information against my wishes?

Leonard R. Boyer
Leonard R. Boyer answered on Dec 19, 2018

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.

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: Can a Protective Order be used in a Federal Lawsuit to prevent video tapping of the plaintiffs deposition?

intended purpose of the video tapping included intimidation and to challenge the plaintiffs disability status

Richard Yaskin
Richard Yaskin answered on Dec 5, 2018

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... Read more »

1 Answer | Asked in Employment Law for New Jersey on
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.

I have been working overtime every week up until now. Is there anything I can do to get the pay I'm entitled to?

Emre Polat Esq.
Emre Polat Esq. answered on Nov 12, 2018

Consider a consultation for a case evaluation. There could potentially be claims for pregnancy related violations.

1 Answer | Asked in Employment Law for New Jersey on
Q: I have a question about whether I can consider a "worker" an independent contractor vs employee.

I am looking to start a photography business. Part of the business involves providing a second photographer as an option to my clients. My question relates to whether it is enough to constitute submitting a 1099 or if I need to put them on payroll. So here are the specifics.

1. Client hires... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 4, 2018

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... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: If I just got fired, how do I know if it was a wrongful termination?
Christopher J. Eibeler
Christopher J. Eibeler answered on Oct 6, 2018

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... Read more »

1 Answer | Asked in Employment Law for New Jersey on
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

legally refuse this request?

Christopher J. Eibeler
Christopher J. Eibeler answered on Sep 15, 2018

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... Read more »

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