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New Jersey Employment Law Questions & Answers
3 Answers | Asked in Employment Law for New Jersey on
Q: I am appealing my NJ unemployment case and would like to know if it is wise to get a lawyer? need free council

I am unemployed and receive NJ snap benefits. I am negative in my bank account and I can not afford council. is there help for me?

Paula M. Dillon
Paula M. Dillon answered on Sep 15, 2021

you can reach out to legal services. Otherwise, most lawyers will charge a fee. You are not required to have a lawyer although it may be helpful.

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1 Answer | Asked in Employment Law for New Jersey on
Q: In the state of NJ if you're hired to do a 40-hr per wk job,

& they insist you punch out after 8 hrs per day, is this llllegal. No OT IS BEING PAID

Paula M. Dillon
Paula M. Dillon answered on Sep 13, 2021

Without more information, this is not illegal.

1 Answer | Asked in Employment Law for New Jersey on
Q: Is an employer able to contest a fired employee's unemployment if they offered a severance package at dismissal?

The severance was never paid after the papers were signed and delivered. This was 10 months ago. Now unemployment sent a letter that the boss is refusing and listing different reason for the dismissal. Letter was received Friday and the appeal is letter is due on Monday. Should I include all this... Read more »

Paula M. Dillon
Paula M. Dillon answered on Sep 12, 2021

Your boss is probably providing as a reason for separation that there was poor performance or "misconduct". You should definitely file the appeal and provide your evidence. If you would like to discuss further, please contact me at 201-488-2600.

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: Can a job put you on unpaid leave for thirty days then after that thirty days say you quit?

I work as a contractor for Johnson n Johnson for company names Eurest! J&j recently mandated the vaccination and I do have two health problems I feel is a risk for it but my Dr denied me a medical excemption due to not looking good on their practice basically so the manager said he would help... Read more »

Paula M. Dillon
Paula M. Dillon answered on Sep 8, 2021

Yes. It would be viewed as a voluntary quit. Companies can mandate vaccines unless you have a medical or religious exemption.

2 Answers | Asked in Employment Law for New Jersey on
Q: My employer of 13 years had just eliminated my position and gave me a notice of few days 15 or so days Is that legal ???

I read somewhere he had to give me 60 days , could that make legal ground to sue

Rhiannon Herbert
Rhiannon Herbert answered on Sep 7, 2021

Unless you have an employment contract that states otherwise, New Jersey is an at-will employment state, meaning you or your employer can terminate the employment relationship at any time for any reason or no reason, and no notice is required.

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1 Answer | Asked in Employment Law for New Jersey on
Q: Is it legal for employer to ask employee to reapply for ada accommodation without a medical reason?

3 years ago, The Boss's boss gave employee ada accommodation for permanent impairment. 2 years ago, the Boss's boss left the company.

After 3 years, without medical reason, the Boss informs employee to get a medical inquiry form updated by the doctor. The Boss informs the employee... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Aug 31, 2021

Employers are permitted to seek "recertification" paperwork, i.e. updated doctors' restrictions explaining the need for the accommodation, for all accommodation requests, whether new or outstanding. These recertification requests can occur periodically throughout the course of your... Read more »

2 Answers | Asked in Contracts, Employment Law and Business Law for New Jersey on
Q: I had an NDA made with a developer. I accidentally had him sign under owner and I signed under recipient, am I the owner

So we had an NDA made where he can’t share make his own or do anything with the software. He did all of the sudden and I issued him a cease and desist. Afterwards he pointed that he was the owner of the agreement and not us, which was a mistake on my end I switched up the roles, but the terms... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 26, 2021

To properly answer your question a lawyer would need to review the entire agreement and any other information regarding your relationship and payments.

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1 Answer | Asked in Employment Law for New Jersey on
Q: In state of NJ are you able to leave a job before your contracted term (2 years on the contract)?

I worked one year of the 2 year contract as a physician in NJ private practice group. I would like to leave. Company is saying they are gonna hold me to my 2 year contract. can they do that? can I tell them that its illegal?

Carrie Dyer
Carrie Dyer answered on Aug 11, 2021

Whether the company can enforce the contract and sue you for a breach if you leave before 2 years is dependent on the language in your contract. You should contact an employment law attorney in your area to review the contact terms and discuss your options.

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?

And what about religious exemptions?

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...
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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


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.

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