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.

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

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.

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... View More

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

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.

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.

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... View 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.

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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... View 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.

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.

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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’... View More

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... View More

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.

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... View 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... View More