New Jersey Business And Employment Law
Employees can feel overwhelmed and anxious during an employee layoff, especially if they do not have a clear understanding of their legal entitlements and potential severance pay. In general, a layoff refers to a controlled (planned) involuntary assignment and...
Many people search for a new job while being employed, for career advancement, or due to dissatisfaction with their current position. For those searching for a new job, an upsetting question often arises, can I be terminated from my job for pursuing employment...
Planning a return-to-office mandate? Learn what NJ employers can legally require, where the risks are, and how to roll out RTO without inviting a lawsuit.
NJ Wrongful Termination can be devastating. Here’s what you’ll need to consider when meeting with a Wrongful Termination Laywer in New Jersey.
Receiving a severance agreement can be confusing. After a termination or layoff, many employees feel like they must sign the agreement quickly. Understand that severance agreements can affect your legal rights and future job opportunities, or give rise to potential...
Understand how employment arbitration agreements impact your rights, enforceability, and options if you have a workplace dispute.
A company’s employees are its most valuable asset. It is their skill, knowledge, and work that helps the company to achieve profitability. A skilled, experienced team is what often helps one company perform better within the industry than another. Within the labor...
Age discrimination is illegal in the U.S. under the Age Discrimination in Employment Act (ADEA), which prohibits discrimination against employees aged 40 and above. If you are treated unfairly, denied employment, or lose your position due to your age, then you may be...
In today’s fast-paced and demanding professional landscape, it is crucial for employees to feel safe and valued in their workplaces. Unfortunately, a significant number of workers continue to face challenging circumstances, with a recent study revealing that about 35% of workers feel they have been harassed at work.
Employee wellness, company productivity and overall success within your business are largely determined by workplace culture. There may be occasional disagreements or frustrations but if repeated acts of intimidation, inappropriate behavior are ignored, it could lead...
Few workplace experiences are more unsettling than being called into a termination meeting. Most employees arrive stressed out, without knowing what to expect, what their rights are, or what boundaries HR must follow. Once it’s over, they often leave that meeting with...
Facing a deposition can be a daunting experience, especially if it’s your first time. You might feel overwhelmed by the thought of being grilled by opposing counsel, worried about making a mistake, or anxious about how you’ll perform under pressure.
Navigating the aftermath of a job loss is never easy. When that job loss occurs as part of a Reduction in Force (RIF), the situation can feel even more confusing. For employees who were on leave at the time of termination, especially protected leave, the uncertainty...
Know what constitutes retaliation in the workplace, examples of retaliation in the workplace, and how you can protect yourself.
If you have been terminated from your company due to layoffs or possible discrimination, you may have received a severance package. While obtaining a financial cushion may sound appealing, remember that a severance agreement is a legal contract. As with any contract,...
Executive termination counseling is a proactive legal strategy for executives facing an involuntary exit. Learn the common warning signs and how to negotiate a structured exit.
Non-solicitation agreements are vital tools for protecting your employees and clients after a key staff member departs. Learn what every employer needs to know about enforceability.
Executive employment agreements are complex legal documents that you must review carefully. This guide covers the essential clauses and red flags every leader should know before signing.
Learn how to negotiate your executive severance package effectively. Maximize your value during a high-stakes exit with expert legal guidance from Hamilton Law
A recent NJ Business Court ruling reaffirms the enforceability of non-compete agreements. Here’s a breakdown of what that means for you.
Navigating shareholder and partnership disputes can be challenging. Discover common causes, effective resolution methods, and preventive strategies to protect your business.
Avoid AI hiring discrimination and stay compliant with New Jersey AI laws. Learn employer duties, legal risks, and smart practices to reduce liability.
Business Conflict. Partnership Disputes. Client or Customer Contracts. Legal matters happen daily. At the end of the day you and your business should be protected. *Click the Title / Photo for Information*
As an employer, you understand employees have the right to expect fair and appropriate treatment. New Jersey employees are entitled to a workplace that is free from harassment, including unwanted sexual advances. If allegations of sexual harassment arise, however,...
You may be one of the many people in New Jersey for whom the practice of religion is of highest importance, providing the principles that guide your every decision. On the other hand, maybe it's not for you. You may feel that religion has its place, and those who...
Employers have to think about many things just to keep their business running. Everything from dealing with employees to marketing plans may be part of your responsibilities as an employer, and this means you may not have much room to think about preventing certain...
If you run a business in New Jersey or any other state, it is important that you don't retaliate against employees. However, you shouldn't shy away from disciplining employees simply because they have recently engaged in a protected activity. In most cases, the facts...
As the Hamilton Law Firm celebrates 15 years, we can't help but look back on the reasons the firm was founded and all we hoped to accomplish. From day one, Ayesha Hamilton, Esq. has worked to provide the highest level of service to her clients, both employees and...
Next to economic downturns, lawsuits are the next worst possible thing a New Jersey-based company can go through. These lawsuits are often brought by employees who feel like your company has wronged them in some manner. No matter if it's an accusation regarding...
The decision to whistle blow is rarely easy, and those who have the courage to bring unlawful activity to light should know that they have rights to protect their careers. In New Jersey, the Conscientious Employee Protection Act (CEPA) protects employees from...
Severance packages are often considered a financial safety net for employees who lose their jobs due to layoffs, restructuring or other employer-driven decisions. Many companies voluntarily provide severance pay as part of an employee benefits package. Employers in...
A large portion of my practice involves reviewing non-compete agreements for employees who are starting new jobs as well as those bound by non-competes looking to make a job change. Non-compete agreements restrain the circumstances under which you can leave your job...
An LTIP, or Long-Term Incentive Plan, is a type of executive compensation package that is designed to reward senior executives for their long-term performance and commitment to the company and to encourage them to stay committed to the employer. Unlike other forms of...
Ayesha Hamilton, Esq. of [nap_names id="FIRM-NAME-3"] was quoted in The Reporter December 2013. Learn more about Kyle's Riess' story
It's no secret that small firms and solo practitioners can deliver big results. Ask almost any independent lawyer (or any entrepreneur, for that matter) after a few years in business what has made them successful and the responses are often surprising. Of course, it...
Whether a majority or minority shareholder, getting out of a business alliance is one of the most difficult problems in entrepreneurship. As relationships break down and conflict arises, you must determine if it is necessary to pursue negotiation or litigation....
Ending a business partnership can be one of the most delicate, challenging processes an owner can face. Disagreements may have spiraled out of control, trust eroded, or circumstances may have simply shifted. Sometimes, dissolving the partnership might be the only...
In December 2019, Gov. Murphy signed into law the new Crown Act (Create a Respectful and Open Workplace for Natural Hair Act) which includes discrimination based upon "traits historically associated with race, including, but not limited to, hair texture, hair type,...
Rios v. Meda Pharmaceutical, Inc. NJ Supreme Court June 16, 2021 The NJ Law Against Discrimination prohibits discrimination based upon race, ethnicity, and national origin, amongst numerous other protected categories. If you are alleging that the discrimination...
The NJ Supreme Court recently decided the case of Libertarians for Transparent Government v. Cumberland County, et al., allowing the release of a former employee’s settlement agreement through a public records request. Case Background Tyrone Ellis worked for the...
There will come a point in your case when your attorney will discuss the possibility of mediation in your case. This point typically comes following the notice of court ordered mediation received early in the case before much discovery has been completed.
In 2024, key legal updates significantly influenced the rights and responsibilities of New Jersey employees and businesses. These developments demand attention, as they shape workplace policies, employee protections, and employer compliance requirements. Both workers...
Electronically stored information (ESI). It’s everywhere. In every case. And, it’s overwhelming! But in today’s practice, ESI is how cases are built and maybe even won. ESI relates to emails, text messages, internal messaging, Word, Excel, PowerPoint, and other types...
Long-Term Incentive Plans (LTIPs) are powerful financial tools designed to reward high-level executives, C-suite leaders, and senior managers for achieving key strategic objectives. These plans align individual performance with shareholder value through incentives...
Understanding New Jersey’s Pregnant Worker’s Fairness Act in the Law Against Discrimination. In March 2021, the New Jersey Supreme Court issued its first opinion addressing the Pregnant Workers Fairness Act, a recent amendment to New Jersey Law Against...
What Are Employee Rights in NJ? All employees in New Jersey have rights. You have numerous protections under the law related to overtime, paid leave from work, and lost wages, among other protections. You also have the right to feel that you can speak up about unfair...
If your employer retaliates against you after you report them, they will be breaking New Jersey employment laws and may face legal consequences.
Non-disparagement clauses in settlement agreements can be complicated. The New Jersey Appellate Division provided clarity in Savage v. Township of Neptune.
In our digital age, eDiscovery plays a crucial role in helping employees who are seeking legal representation for their employment-related issues. When an employee approaches an employment lawyer for help, eDiscovery allows the lawyer to sift through vast amounts of...
A non-disparagement clause aims to prevent employees from taking any action that paints the company in a negative light. Commonly found in a variety of contracts, these clauses are often a core component of settlements and employment severance agreements signed by all...
Demystifying Corporate Designee Depositions in New Jersey: A Guide Corporate designee depositions play a central role in uncovering pertinent information from organizations involved in legal proceedings. For those unfamiliar with this process, particularly within the...
Grieving the loss of a child is an incredible challenge no one should face. On Friday, September 27th, The New Jersey State Assembly passed A3505, a bill that could give parents grieving the death of a child one less thing to worry about: job loss. The bill allows...
As artificial intelligence (AI) and automated decision-making tools become increasingly prevalent in employment practices, New Jersey employers must be aware of their legal responsibilities under the New Jersey Law Against Discrimination (NJLAD). On January 9, 2024,...
Understand the key aspects of arbitration, its nuances, and its potential challenges. Learn how to be prepared if the need to arbitrate arises.
Every company you work for will have an employee handbook you get a cursory introduction to during your first week on the job. Most likely, you will have some HR training during your initial onboarding process, nestled in between filling out forms and meeting your new...
Many clients worry that electronic discovery (eDiscovery) could compromise their privacy. When civil litigation involves reviewing someone's personal data, it's natural to have concerns. You may hesitate, wondering - does eDiscovery really affect my legal privacy? The...
This article will show you how to prove wrongful termination and what you need to know if your employer has wrongfully terminated you.
New Jersey employment laws provide protections that aim to enhance and protect the workplace. Employers and employees alike must stay alert to new laws and how they apply to their unique situation. Some key updates to NJ employment laws you should know heading into...
On June 3, 2021, in Van Buren v. United States, the United States Supreme Court reversed and remanded a lower court decision allowing employers to seek criminal sanctions against an employee who misused his work computer for his own benefit. The employee, a police...
Executives and senior leaders often carry the weight of ensuring corporate accountability. When taking a stand against unlawful or unethical practices, retaliation in the workplace may follow. This workplace retaliation can stifle accountability and integrity,...
When you hire someone to work for your company, you must classify them. You have to decide whether you want to pay them a salary or on an hourly basis. You also have to determine if you want them to work full-time or part-time. Some companies will choose to bring on...
As an employer, you depend on your employees to show up and do the work that you hired them to perform. When people don't come to work, even if they have a good reason, their personal issues start to impact your company's performance. Sometimes, workers will come to...
As an employer, you are subject to numerous state and federal laws regarding how you treat your employees. The more employees you have, the more rules that apply to your business. Laws regarding equal pay apply to companies with just one employee. On the other hand,...
This new law, restricting required arbitration, will make it harder for companies to hide the brevity of sexual harassment cases in the workplace, signed by President Biden this year.
If you have employees and one of them comes to you claiming that they’ve been sexually harassed, do you know what to do? This is a serious situation that could come back to hurt your company, so handling it quickly and professionally is key. Sometimes, employees do...
It is a difficult position to find yourself in, but some employers are accused of discriminating against their employees by some of the employees that they’ve worked with and trained for months or years. It can be frustrating to you, because you took the time to work...
As a New Jersey employer, you have to compete with many other businesses regardless of your industry. Every new hire means a bit of risk for the business. Employment contracts help mitigate some of those risks. Especially if workers will have access to trade secrets...
If you’re wondering whether you have been sexually harassed, here’s everything you’ll need to know and how you can build a case.
A company depends on reliable staffing to fulfill its obligations to others and keep its costs predictable. Unfortunately, employees are notoriously unreliable and may take extended leaves of absence with little warning or consideration for the impact that their leave...
For years, employers have turned to employee contracts and in-depth handbooks as ways to mitigate the liability that comes with hiring new talent. Restrictive covenants have long been popular inclusions in modern employment contracts. These special clauses allow...
For employees, it is critical to understand how the U.S. Supreme Court's recent ruling on the Chevron doctrine impacts the way that their employers may change operations. While the change in the law does not have an immediate impact, over the long term, it could...
Each new employee hired by an organization is a costly investment. Companies often spend thousands recruiting and training top talent. They may have to offer relocation benefits for competitive positions occupied by highly-educated professionals. They also have to...
On October 25, 2021, the EEOC provided much-needed guidance to both employees and employers on religious exemptions to COVID-19 workplace vaccination mandates. As companies begin returning to the office, many employers are requiring their employees to provide proof of...
Learn how 8k filings with the SEC impact C-Suite Employees, severance negotiations and severance packages for executives, and executive compensation.
Figure out whether you’re experiencing executive layoffs or wrongful termination and consult an executive employment lawyer for expert guidance and protection.
"See something, say something." It's a familiar phrase, often encouraging individuals to take action when they witness something that could harm others. However, in the workplace, even when employees know they have accurate information, many hesitate to speak up,...
On September 21, 2021, the NJ Supreme Court ruled on an issue that arose from an attorney’s use of Facebook in its early days. In 2007, Defendant’s attorney’s paralegal sent a Facebook “friend” request to the plaintiff to access his private Facebook posts in a...
When companies announce layoffs or “restructuring,” long-serving professionals—especially senior executives, C-suite leaders, and high-level managers—often find themselves facing sudden job loss. Regardless of the contributions made or the tenure with the...
Your work is critical to the success of your employer. When executive contract negotiations arise, you want to ensure you are recognized for your accomplishments and what you provide to the company. As a senior executive, contract negotiation strategies are critical....
Terminated from your job? You may be asked to sign a severance agreement. This page defines severance agreements, explains when you should (and shouldn’t) sign them, and more.
In mid-April, The U.S. Equal Employment Opportunity Commission (EEOC) released its final rule, putting in place the Pregnant Workers Fairness Act (PWFA). The final ruling mostly adopted the pro-worker stance of the original format of the law. However, some states are...
All employees are given legal rights under both state and federal law. New Jersey passed the Pregnant Workers Fairness Act to further protect pregnant women in the workplace environment. The law, which extends the protections under the Pregnancy Discrimination Act,...
The process of e-discovery is a critical aspect of litigation in any case where employees sue their employers. As the world becomes increasingly digital, the volume of electronic data generated and stored by businesses has grown exponentially. This means that...
The law protects New Jersey workers from various forms of discrimination in the workplace. Perhaps you've heard stories of people whose bosses wrongfully terminated their positions for one reason or another. For instance, more than one woman wound up losing her job...
Whether you've been employed at the same New Jersey company for a while or you have barely had a chance to settle in and get to know your co-workers, losing a job is never easy. The former is often more challenging than the latter since the longer you spend at a...
As employers begin their march back towards normalcy and require employees to return to work at physical locations, some employees may find this harder than others. Working moms are impacted as their young children are still unvaccinated and child care options may be...
Often, a document that you sign accepting some benefit from your employer may contain an agreement to arbitrate some or all of your claims against that employer. To be enforceable, the language of the arbitration clause must clearly and specifically inform the...
If you notice any changes in your reporting structure as discrimination, harassment, or as you are being written up for alleged performance issues, it is time to consult an attorney.
It isn't uncommon for business partners to have disagreements from time to time. However, if you have a disagreement with your business partner, it is important to keep the dispute as quiet as possible. Allowing a dispute to go public could put the future of your New...
The Americans with Disabilities Act (ADA) imposes two kinds of obligations on businesses. One is that they need to be equally accessible to people regardless of their medical condition. Companies should make every reasonable effort to allow people of all ability...
Newsletter From An Attorney Considering you're receiving a newsletter from an attorney, or a litigator, that means that either you or someone close to you may at some point be involved in a case against a company or an individual. Whether you bring the case or are...
This piece from Ayesha Hamilton appeared in NJSBA’s December 2023 issue of New Jersey Lawyer. As a plaintiff’s attorney, you are often retained before the employee is terminated. In most instances, you work in the background, guiding the employees as they navigate a...
Why Binding Arbitration is the Smart Choice for Business Litigation Contract disputes and employee conflicts don't just drain your finances—they can derail your entire business trajectory. While most business owners resign themselves to costly courtroom battles,...
Off-Duty Speech May Have Consequences for both Employee and Employer Heather McVey worked for a private company, AtlantiCare Medical System and Geisinger Health System (collectively “AtlantiCare”). McVey was suspended and then terminated for statements she made about...
On April 17, 2024, the Supreme Court ruled that an employee who files an employment discrimination suit against their employer over a job transfer need only demonstrate that the transfer caused “some injury” and not “significant harm.” The decision lowers the...
The New Jersey Appellate Division addressed an issue of first impression in our state and across the nation: whether evidence of implicit bias can be the basis for a claim of race-based discrimination.
Learn tips for negotiating unvested stock options effectively. Maximize value during high-stakes negotiations with NJ executive compensation attorneys.
If you’re a New Jersey business owner or HR leader, enforcing non-compete agreements is essential to protecting your company’s interests. While non-compete agreements can be powerful tools, their enforceability is under increasing scrutiny due to evolving case law and...
As a trade secret attorney with decades of experience defending executives and employees, I've witnessed countless careers hanging by a thread due to a single misunderstood document, an inadvertent email, or a casual conversation overheard in the wrong place. Trade...
C-suite executives, managers, and senior-level employees need to understand how golden parachutes work, especially during mergers, acquisitions, or unexpected terminations. Unlike standard severance packages, which often offer modest compensation tied to tenure or...
The Defend Trade Secrets Act (DTSA) was established in 2016 to provide a way for trade secret owners to seek legal action in federal court if their trade secrets are misappropriated. Though applicable to federal law and international commerce, it does not supersede...
In New Jersey, non-compete agreements have been a common practice among employers to protect their sensitive business information, such as customer lists and trade secrets, from being shared with competitors. These agreements, when employees sign them, act as a legal...
When you're a minority shareholder in a business, the stakes can feel overwhelming, especially during a breakup. Are you wondering if you're experiencing minority shareholder oppression? This article will guide you through the fundamentals of minority shareholder...
Structuring executive employment contracts is crucial to protecting your company’s interests. A well-crafted contract lays the groundwork for clear expectations but also includes protective measures against potential risks, including non-compete breaches. Being aware...
A Complete Guide to Employment Law Mediation Navigating an employment dispute can be overwhelming, time-consuming, and litigation can get expensive. Enter mediation - a way to resolve these issues without the need for a lengthy court battle. Mediation is a flexible,...
HERE COMES THE BOOM IN 2016 As business owners, year-end can be stressful. December is about year end billing, employee gifts, holiday parties, year-end accounting and planning for 2016. Budgeting and forecasting your income and expenses is critical and Inc....
Have we lost our way when academics takes a back seat to sports?Last year, the National Labor Relations Board held that Northwestern University athletes on sports scholarships were the University’s employees rather than students, and hence, would be permitted...
Chemistry in Hiring A recent opinion piece in the New York Times shows that hiring managers focus on personal fit rather than organizational fit when selecting new employees. The author and researcher, Lauren Rivera, explained that the interviewers tended to gravitate...
One of the core constitutional rights of Americans is the freedom of speech and peaceful demonstration. Yet, a recent decision by search engine giant Google may shed some light on limitations to this right. The company fired a significant number of employees for their...
Those who dream of running their own business may choose to start a completely new company. The downside to building a business from scratch is that is a lot of risk and work involved in that approach. People have to develop a market niche, advertise, manage their...
Understanding the New Guidance: Are You Misclassifying Your Workers? The U.S. Department of Labor issued new guidance related to independent contractors. Their goal is to ensure that people who should be considered employees, with all of the benefits employees are...
Unlock your executive worth with our guide on negotiating compensation packages. Empower your negotiations from salary range insights to legal tips.
Congratulations - you’ve made it through another year! As you reflect on the journey, it's time to celebrate newfound accomplishments, acquired skills, and the array of professional and personal memories that have shaped the past 365 days. As you stand on the cusp of...
NEW RULING FROM THE SUPREME COURT On January 11, 2012, the Supreme Court of the United States (SCOTUS) issued a ruling in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, finding that the Church as well within its rights to terminate an employee with a...
The opportunity to start and run a successful business is one of the best things about living in the United States. Many people dream of running a successful small business either as a way to be their own boss or as a way to generate income while providing jobs for...
New Jersey law favors the enforcement of a mandatory arbitration agreement with certain limitations.
The New Jersey Conscientious Employee Protection Act ("CEPA") (NJSA 34:19-1 et. seq.) protects employees from retaliation by their employer if the employee discloses or threatens to disclose to a supervisor or a public body some violation of law or other fraudulent or...
Without exception, it is always your employer’s lawyer who prepares the severance agreement. That means that it is designed to achieve all of the company’s objectives, i.e. to get you to release any and all claims that you might have against your former employer in...
Vance v. Ball State UniversityWho is a supervisor? Why is this important?Title VII of the Civil Rights Act imposes liability upon an employer for the actions of a supervisor. This means it is particularly important to define who is a supervisor, i.e. whose actions...
The break-up of a partnership is no different from a divorce. Let's call it a business divorce. It is every bit as emotionally, financially and physically taxing as leaving your spouse. Much like a pre-nuptial agreement, it is imperative that you have a partnership...
If you are being discriminated or treated differently at work because of your race, gender, age, disability or some other reason, you have certain options available to you. You might consider the situation too oppressive to continue to work at the company, you might...
This guide will walk you through the steps to consider when you suspect that you are suffering work place discrimination. Please note that these are just general suggestions and you should contact an attorney for the best level of protection. Step 1: Review Your...
What to do when you are being discriminated against.You know you are being treated differently because of your sex, race, age or disability-now what?As a private, non-union employee, your first stop is the employer's employee handbook. You must follow the proper...
In Pennsylvania, you are required to file your claim with the Federal Equal Employment Opportunity Commission (EEOC) and the PA Human Relations Commission (PHRC) when you suspect that you are suffering from discrimination on the basis of your gender, age, race,...
You sense that something improper is happening at work. However, not all work place injustices fit the requirements for a claim of discrimination against your employer.To have a sustainable claim against your employer, you should have the following: You must be in a...
with a bonus!I want to tell you about an author I have discovered. Debra Snider wrote "A Merger of Equals" which is a story about a woman navigating the man's world of an investment banking firm. This could easily be a law firm setting. Much of the book involves...
PROTECT YOURSELF: Things to think about when starting your business... When starting your business, think about the ways in which you can and should protect yourself, your personal assets and your family. 1. Make sure you chose the appropriate corporate form. It is...
If, after careful consideration, you decide that it is time for the company to separate from an employee, you must continue to use the same care you used in reaching that decision. Consider the following steps to guide your actions: Make sure you have documented the...
Are you a business who fits the following criteria? ♦ 51% woman owned ♦ Two years in business ♦ Two full-time employees ♦ Annual revenues of ―$250,000 for a manufacturing or retail business ―$100,000 for a service business Then you are ready for ATHENA POWERLINK!...
What have you done to mentor someone today? Don't forget that your success is a collaborative effort in which your team plays an integral part. So mentoring isn't a waste of time but rather, an investment in your own success. When you "lift as you rise", you are...
In an article in SMART CEO Magazine, Lindsay Enay provides some valuable considerations to think about before you fire an employee. 1. "Is this a performance problem or a personality problem?" The answer is easy if its a performance problem. You know you need to get...
In some industries, such as commercial transportation, state and federal law requires employee drug testing. But what about those industries where its not required but is useful? Here are some issues to think about when drug testing your employees: Make sure that the...
As an employee, have you thought about what your Facebook page says about you? Are you careful about what you say in the 140 characters of a tweet.In this current age of social media, you are putting a significant amount of very personal information out there and you...
Email is such a great convenience and would appear to have made our lives easier. One of the unfortunate side effects is that we have greatly reduced our response time. We receive a email and quickly fire back a response, most likely without the contemplation and...
Non-compete agreements have become the focus of increasing scrutiny from the public and policymakers in recent years. Some people claim that non-compete agreements and similar restrictive covenants deter competition and trap workers at businesses that may not pay them...
In this blog, we address layoff laws in New Jersey, your rights as an employee, and the potential demand for a wrongful termination lawyer.
N.J. Executive Order 243 Effective June 4, 2021, NJ Executive Order 243 lifts a lot of the indoor restrictions imposed on employers by E.O 107 and 192. For businesses of all sizes who are not open to the public, you don't have to continue to offer teleworking...
As you start a new job, be alert to non-compete restrictions that your new employer may wish to impose upon you. Increasingly, employers seem to require their new employees to sign Non-Compete Agreements restraining where they may work if they leave the job. The...
A franchisee was looking to open a new location for their business in a yet-to-be-built strip mall. The negotiating parties would include the developer, franchisor, and franchisee. The franchise agreement stipulated what types of businesses could be adjacent to the...
HR training is important to ensure protection from workplace harassment. All too often, the actions of management-level employees leave companies liable.
On cell phone privacy in litigation, our courts focus on the use of the device, not the ownership of the phone or its location. Learn more in this article.
After you raise a complaint with your Human Resources department about a situation that you are experiencing at work, the company, whether through its internal HR department or a third party, is supposed to “investigate” the complaint.
Workplace conflicts are as bad, if not worse, that conflicts at home. You spend more time at work and with co-workers and managers than you do with your family, and in many instances, you have been with your employer longer than you have known your spouse. So, when...
Casey Stern, a former Turner Sports anchor, sued the network and Warner Media, accusing them of failing to accommodate his child care needs. Stern’s ex-wife and her boyfriend have been indicted on 15 felony counts for abusing his children. Stern’s complaint, filed...
What does this really mean when used by your employer at your termination or during a performance review? It’s a catch-all phrase that covers up a multitude of the real reasons for termination. “Not a good fit” can mean that the manager didn’t like your...
On November 16, 2021, female employees of several large companies testified before the House Judiciary Committee in support of banning forced arbitration agreements contained in employment contracts. To be clear, the sole purpose of an arbitration clause is to keep...
Employment lawyers spend our time representing the accuser or the company. We raise or defend against allegations of harassment, intimidation, workplace bullying and discriminatory treatment against supervisors and managers, giving rise to liability against the...
As you rise in your career and at your company, you are going to find yourself reporting directly to the executive leadership team and inside the inner circle. The stakes are much higher now. Not just in your delivery of quality work and your contributions to the...
Richter v. Oakland Board of Ed. The NJ Supreme Court recently decided the case of Richter v. Oakland Board of Education reviving an employee’s dismissed claims against her employer. This case hits close to home. Mary Richter, a Type One Diabetic, like my son, asked...
Don’t assume that you are not a direct employer just because you are hiring through a temp agency or a virtual agency. Be prepared and behave as though you are so that you are prepared should someone, a court, decide that you are.
Being pregnant can be one of the happiest times in many New Jersey residents' lives. You and your partner may feel excited about having a baby on the way and cannot wait to get the house in order so that your child's arrival will go as smoothly as possible. Of course,...
The N.J. legislature sent Senate Bill 992 to Governor Christie for adoption. S. 992 amends the N.J. Law Against Discrimination (LAD) making wage disparities amongst similarly situated employees expressly unlawful. The Bill imposes treble damages upon any employer...
The EEOC is amending its EEO-1 form (the Employer Information Report) to include questions about pay ranges and hours worked by employees. This data will reveal patterns or trends in pay disparities. The current EEO-1 Form provides information on workforce profiles...
As an executive, owner or manager at a business, you have a responsibility to keep things running well. Occasionally, issues may go unaddressed or unnoticed because of how much you have on your plate. That might lead to an employee speaking up about mistreatment,...
As an employer who gets regular applications from potential employees, you never have a lack of people to select from. In your last round of applicants, you had several excellent people apply for the job. Among them was one person with a disability. Their work record...
It is often hard for employers to know how to handle employees who have pursued action against them. On one hand, there are protection laws that ensure employers do not adversely react to employees who act within their rights. Nevertheless, those employees still must...
When an employer and an employee are at odds with each other, it can take quite a bit of time to settle the dispute. Conflict resolution pulls company resources that the company could otherwise use to further its vision and it can hurt its bottom line. An alternative...
The legalization of marijuana in New Jersey has brought about the use of Drug Recognition Experts, or DREs, in the workplace. Here’s what you need to know.
When you use a company device for personal purposes, you must be very careful. First, you do not have an expectation of privacy in your personal, non-password protected data on a company device. Second, you must ensure that your personal data is not co-mingled with the company data. Third, you have to be very careful about removing your personal data from company devices when you leave your job.
Recent trends show that employers are filing counterclaims against employees who sue them for harassment, discrimination, retaliation or other employment related claims. These claims typically center around the alleged violation of a company policy or a restrictive covenant contained in an employment contract.
Discrimination comes in may forms. If you think you may be a victim of discrimination in the workplace or in another setting, here is what you should know:
PRESS RELEASE PHILADELPHIA/Dec 10, 2012 --- Employment law attorney Ayesha Hamilton says she's seen an uptick in employer and employee concerns about the future, which seem to be related to the current political climate. By opening two new offices in the Philadelphia...
Not only is it important to have a written contract that clearly and unambiguously outlines the terms of your agreement, now more than ever, it is important to have written documentation detailing the contract negotiations and the parties' intent leading up to the...
Before ObamaCare, employers could loosely characterize an individual's relationship with the company as either an employee (W-2) or an independent contractor (1099). After the enactment of the Affordable Healthcare Act, all employers must be extremely careful about...
As an employee, you may be asked to participate in a work place investigation in one of three scenarios: as a target, as a complainant, or as a witness. In each instance, take special care to document your involvement either by emails to HR or memos to your self made...
WHISTLEBLOWER PROTECTIONS FOR NEW JERSEY EMPLOYEES You might be a whistleblower if: (a) You refuse to participate in an employment activity which you believe to be against the law; (b) You refuse to participate in an employment activity which you believe to be in...
What is retaliation? A retaliation claim arises when: An employee has a good faith basis for believing that he or she is being discriminated against on the basis of sex, race, age, or some other protected category; and Make a complaint about that discrimination to...
A group of individuals volunteer for a non-profit Board. They have monthly meetings and work diligently to further the mission and objectives of the organization. They are periodically presented with some informal reports regarding the organization’s finances but...
PART II: Pre-Termination counseling - Work Place Bullies While none of the states in the union currently have laws preventing work place bullying, the trend is likely to spread from our European cousins. Currently, numerous employees are subject to harsh and abusive...
PART I: Pre-Termination Counseling - Targeted Abuse Ever get that feeling that you are being targeted at work, that your supervisor appears to be picking on you more than others, or that suddenly, nothing you do seems right? Don't ignore your instinct that something...
Battaglia v. UPS New Jersey Supreme Court, September 2011 An employee sued for retaliation in violation of the Conscientious Employee Protection Act (CEPA) and the Law Against Discrimination (LAD) when he was demoted and became depressed and missed 5 months of work. ...
PA HB 300/SB 300: "An Act amending the act of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human Relations Act, further providing for the title, for findings and declaration of policy, for right to freedom from discrimination in employment, housing...
Are you next on the list? How can you tell? These are normal concerns for any employee in the workforce, especially in a bad economy where every WSJ or NYTimes article foretells of more layoffs and corporate budget cuts. How can you protect yourself in this...
Immediately! Don’t wait.Well, first, file your application for unemployment compensation benefits but then contact legal counsel. It is worth discussing the matter with an attorney, even briefly, to make sure that you have notbeen wrongfully terminated. This is...
It certainly may be harassment but not all harassment is equal, or actionable. This means that your legal action will depend on the specific details of the comments being made. Comments about your clothing, appearance, body etc. being made by an employee of the...
Am I entitled to a severance agreement?There is no legal requirement that you receive any form of severance when you are terminated from your job. That being said, many employers will offer a severance package. This package comes in the form of a give and take-they...
To show that you have suffered age discrimination, you have to do more thanjust show that you are over 40. You must also demonstrate that someonespecifically targeted you for termination because of your age or that othersimilarly situated younger employees were being...
You will know. You will have experienced derogatory comments by co-workers or supervisors about your age. These comments might be about your ability to do the job because of your age, questions about when you plan to retire, and general negative statements about old...
Wrongful Termination and Employment At Will Most employees are “employees at will,” which means that they can leave their employment when they chose and can be fired for any reason or no reason as long as it is not a discriminatory reason. An employee at will is any...
Wrongful Termination for Contract Employees Certain employees sign employment agreements at the start of their employment relationship. These employees are generally higher level employees that the employer wishes to discourage from leaving the employment. The...
Where to Get Help When You are Being Treated Badly at Work When you are being treated badly at work, you should get help right away. Don’t try and tough it out as you may be missing a key opportunity to try and rectify the situation. The question then remains, to...
Monthly Tip If you are having difficulty at work, don’t try to go it alone. Get help! There is always a solution and discussing the matter with someone outside of the situation, like an employment lawyer, may help you see the big picture and work out an acceptable...
It depends, but the common sense answer is that you won’t get fired if it is a random occurrence and doesn’t happen often. But the first place you should check is your employee handbook. Your employer will most likely have a clear policy on telephone usage in the...
Recently, recognizing that employees use social media sites such as Facebook and LinkedIn, employers have begun asking employees for their passwords to access those accounts. The employers argue that they need to monitor those accounts to ensure that their trade...
Yes. Especially if you say something negative and disparaging about the company or its employees.In an “at will” employment context, you can be fired for any reason or no reason as long as it is not a discriminatory reason. Casting the company or its employees in a...
Absolutely! Most employers have servers that retain any and all information downloaded or accessed on any computer. Whether they will actually access and review that information is another question but they absolutely have the ability to view it should they chose to...
Your eligibility for unemployment benefits varies from state to state and depends upon the following general criteria: The number of weeks that you have worked The reasons for separation; and Whether your employer challenges your benefits. The poor economy has placed...
The law does not require you, as a small employer, to provide medical coverage for your nanny. Under the Affordable Healthcare Act, an employer with 50 or fewer full time employees is not required to provide health coverage to its employees. Your nanny would be...
Pursuant to the Youth Minimum Wage Law, you have to pay a minimum of $4.25 per hour to a baby sitter who is less than 20 years old for the first 90 days of their employment. This is called the Youth Minimum Wage Law. Once the sitter turns 20 or has worked for you for...
You must appeal the denial of your unemployment benefits if you believe that you were eligible for benefits. Your eligibility will depend on a calculation of the number of weeks you have worked but also upon the reasons for your separation from employment. You must...
An employer must not discriminate against a pregnant worker or treat them differently that it would any other worker. In New Jersey, the 2014 enactment of the Pregnant Worker’s Fairness Act (“PWFA”) imposes new obligations upon the employer, namely to provide special...
To start a business with a partner, you should always have a partnership agreement in place. Even though you are good friends and have the same objectives at the start of the venture that may not be true later. A partnership agreement sets out each partner’s rights...
Once you have your partnership agreement, signed by all parties, in place, you should consult with a good accountant. The next most important piece of the puzzle is to ensure that your partnership books and records are set up properly and efficiently. Your goal is...
As you grow your business and start to hire more employees, you will begin to face a lot of new issues. Many of these issues are addressed by having an employee handbook that provides the rulebook for your workplace. The employee handbook forces you to think about...
When deciding to move on to a new position, you should consider what ties you to your current job. In some instances, employees may have signed an employment agreement that may restrict his or her ability to continue work in the industry for a certain time. This type...
Some executive level employees may be bound by a non-compete agreement that they signed at the start of their employment. This means that they are limited in where they may work or the type of job they may take if they wish to leave their current position. While...
Downsizing looks different for different companies and packages may vary from employee to employee. In larger companies, downsizing and layoffs may automatically come with “hand raiser” packages. This means that the company may ask for volunteers to give up their...
Bullying is an intolerable and abusive situation that makes you dread coming to work, increases your stress levels while at work and at home, and drastically reduces your productivity. Unfortunately, there are no laws that can protect you against workplace bully in...
To Oppose or Not to Oppose: Unemployment Compensation applications. An employee is eligible to file a petition for unemployment compensation after the employment has been terminated. To remain eligible for unemployment benefits, the employee must show that he or she...