Get free answers to your Employment Law legal questions from lawyers in your area.
What can I do I feel this is just not right it’s bad enough I have to be paid under the table but for him to tax my pay for his taxes he is responsible for
answered on Feb 16, 2023
You should report your employer to the Department of Labor.
Seems like I'm being "squeezed" out. Having issues w my manager and asked her about looking into an amicable mutual separation. After this I was told my choices are to resign w 3 weeks notice no severance applicable (11 years of service) or continue on under a PIP for the next... View More
answered on Jan 20, 2023
It is important not to quit in NJ if you want to be eligible for unemployment.
I am asking to work remote 5 days per week. We already are remote 3 days per week. I have provided several doctor's note about my disability in hopes they would accommodate something that 1. we already do more than half the week and 2. the entire company did during COVID which proved remote... View More
answered on Dec 21, 2022
Your employer is not obligated to grant your disability accommodation exactly as you requested. However, they are obligated to engage in an active dialogue with you to reach an agreement that will work for both parties. If your employer is refusing to engage in a dialogue with you, contact an... View More
answered on Oct 31, 2022
Generally speaking this will appear in any background check unless the defendant petitions for and is granted an order of expungement. But more information is required to answer this question under these circumstances. Contacting a criminal defense attorney to discuss this in greater detail is a... View More
The business owner is threatening to withhold my wages of about $1,000 if I do not sign.
answered on Oct 21, 2022
An employee cannot withhold an employee's check for this reason in NJ. If this occurs you should file a wage claim with NJ Department of Labor. An employee has no obligation to sign such a document after resignation.
I need to know what the exact statutes are in the state of NJ and details to file the claim. I’m also not sure if I can file other complaints about her?
answered on Sep 30, 2022
We are not allowed to give you specific legal advise on this website or for that matter anywhere on the internet. Just like a doctor cannot tell you how to perform an operation. What I can tell you is that the general statute for harassment in NJ is 2C:33-4. If you need specific information on... View More
My employer detailed a $6,000 a month x 12 month training cost that required 24 months of work upon completion of the program otherwise repayment for the uncompleted months. Research shows the training program used did not cost 72k and my training did not last 12 months, only the “orientation... View More
answered on Sep 13, 2022
More information is needed here - you should contact a New Jersey contract attorney to discuss your situation in greater detail. Repayment terms are generally enforceable to the extent they fairly approximate the value of what your employer paid for. However, the longer you've worked with the... View More
These two shifts that were terminated on 5 minutes notice made up half of the employee's weekly income as an Emt-b in the state of NJ.
Reason cited for terminating shifts were for "budgetary purposes" when clearly it is not.
answered on Sep 6, 2022
Employers have a lot of discretion regarding changes to work schedules, and there are no laws that require employers to offer a certain amount of hours, so your employer's actions are not inherently unlawful. However, if you believe your hours have been reduced based on a discriminatory animus... View More
Thank you Paula for your initial response. What the employees signed was the last page of an employee manuel. None of the pages had a date. Should this still be a concern in reference to the question in regards to conflict of interest and confidentiality. There is no date of reference to comply... View More
answered on Aug 12, 2022
You may have separately signed a non-solicitation, non-compete. I would be very careful.
I have a company wanting me to consult (I am currently not working) however, it would involve me calling some former clients to see if they would be interested in paying lower fees . If so I would forward them to the new company. The employee manual clause from the old company states: All... View More
answered on Aug 12, 2022
You have to look at how long the non-compete or non-solicitation clause was in effect. you may also want the new company to agree to represent you if your old company goes after you.
Who can assist me?
One of our collective bargaining agreements includes an addition $[1.50 per hour if certain equipment is utilized. However our employer told me that because I’m already making prevailing wage in NJ they don’t need to pay me any additional money. They told me I’m making enough money.
answered on Jul 30, 2022
Generally a CBA sets a minimum payment schedule but does not preclude additional sums to be paid unless there is some sort of provision which for bargained for and include in the CBA.
My job recently denied my medically necessary leave to repair torn ligaments in my ankle. They told me I do not qualify for FMLA in NJ because I started as a temp so I have not been employed for 12 months, even though I blow past the hours requirement. I was told to apply for "reasonable... View More
answered on Jul 26, 2022
You may be entitled to other leave. I would need to know more information.
sick days were not paid. I went to the principal and the board, nothing came out of it. Is there anything I can do about the previous sick days? I worked for a charter school.
answered on Jul 20, 2022
Federal law does not require employers to offer any form of paid time off - you need only be paid for the hours you actually work. Thus, employers have a lot of discretion regarding changes to PTO policies. However, if you have an employment contract with the school, you should see if any language... View More
answered on Jul 17, 2022
The garnishment will be reinstated once the creditor finds out about your employment.
My drug test came back positive, but I still don't know specifically for what. It could be the medication I am on or the thc from smoking. I have no idea which one came up. They gave me an offer and I was going through the on-boarding process when they sent me a random email saying I have been... View More
answered on Jun 24, 2022
Yes, just because certain drugs are taken by prescription or if they have been legalized does not mean that an employer has to hire you. I do not believe that they are required to indicate what drug or if that makes any difference whatsoever. Good luck and try some place else.
The clause says “In appreciation of your full time
employment, a $10,000 bonus will be paid, with the understanding and agreement that you will work at [business name] for a year. A 1099 will be issued against this payment.” There is no language specifying repayment and I was a W2... View More
answered on Jun 22, 2022
You should have your full agreement reviewed by a New Jersey contract attorney to determine your rights and obligations under the agreement. There may be other portions of your agreement that alter or change the terms of the clause you listed, so a review that is limited to a specific clause in an... View More
answered on Jun 15, 2022
Generally yes. These actions may be considered improper if you have an "expectation of privacy" in the area, but workplace common areas generally do not provide the "expectation of privacy" necessary to form a claim.
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