Typically, to support a case of retaliation for blowing the whistle on illegal employer conduct, an employee must suffer some loss of money which lawyers call an “adverse employment action.” But the New Jersey Appellate Division ruled last week that a New Jersey State Trooper who was subjected to “four or five disciplinary charges”...
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Workers Compensation For Independent Contractors | NJ Labor Laws
We were recently asked by a client who owns a small business whether she is required to maintain workers compensation insurance for independent contractors. The answer is no as long as the job they are performing is truly in the capacity as an independent contractor.
A worker is considered an independent contractor if the following...
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Race Discrimination At Work in NJ
It is considered race discrimination in New Jersey to treat an employee or applicant differently based on their race or color. Race discrimination can also include treating an employee or applicant differently based on them being married to someone of a certain race or color. Race discrimination can occur when the victim and the...
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New Jersey Age Discrimination Cases Increase in 2012 | NJ Labor Law
Our NJ labor law firm has seen an increase in individuals contacting us regarding potential age discrimination cases in New Jersey.
As the amount of jobs continue to decrease and more job eliminations take place, older workers are finding it more difficult to find employment and have found that they are often times part of...
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You Must File A Lawsuit Within 90 Days of Receiving Right To Sue Letter
Have you filed a complaint or charge with the Equal Employment Opportunity Commission? You may be aware that you have a certain statute of limitations period. However, the EEOC's may issue you a right to sue letter which will require you to file a lawsuit within 90 days of receipt. If you do not...
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At-Will Employment in New Jersey
New Jersey is considered an at-will employment state. That means that absent a contract or other agreement, your employment can be terminated at any time for any reason whatsoever. For example, your boss is a Yankees fan and you are a Red Sox Fan, your boss can fire you without any legal ramifications. The...
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Discrimination Against Gays | NJ Discrimination Lawyer
Shock Poll - 9 Out Of 10 Americans Wrongfully Believe Our Federal Government Prohibits Discrimination Against Gays
A recent poll found that 9 out of 10 Americans believed that there was a federal law preventing employers from firing employees that they knew or believed were gay or who are transgender. However, this is not the...
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Legal Versus Illegal Retaliation In New Jersey
We are contacted by many potential clients who believe they have a retaliation claim based on employer taking an adverse employment action due to them complaining about an internal procedure or a failure to follow policy. New Jersey's retaliation law only protects employees who suffer retaliation for complaining about a violation of law, public...
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New Jersey Signs Bill Including Autism as a Protected Characteristic in the NJ Law Against Discrimination
Autistic adults and children will be protected from discrimination. The bill amends New Jersey’s law against discrimination so that autism disorders are recognized causes of disabilities.
“Autistic residents will now receive the same protections as other disabled citizens from discrimination in access to housing, employment and...
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Appeals Court Upholds Equal Access to Justice in Whistleblower and Discrimination Cases
The Fourteenth Amendment to the Constitution guarantees equal access to the courts regardless of the ability to pay. But a New Jersey appellate court ruled that a (very busy) trial judge violated that principle by making a fired school cook pay up to $450 per hour for a “discovery master” to handle her case....
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