The EEOC recently provided an update regarding an employer's use of arrest and criminal records as part of a hiring criteria.  An employer's use of an arrest or criminal record may violate Title VII because the EEOC has found that these hiring policies may have a disparate impact of African-Americans and Hispanic men.  Accordingly,...

The NJ Appellate Division expanded the reach of the New Jersey Law Against Discrimination ("NJLAD") in the matter of Cowher v. Carson & Roberts.  The NJLAD only contains express language preventing discrimination based on perceived sexual orientation.  In the Cowher case, the plaintiff was harassed because defendant perceived him to be Jewish and called...

We receive several calls a week from prospective clients asking how they can get out of the NJ non-compete agreement that they signed with their employer. We hear that they did not know what they were signing at the time and didn't bother to read it when they started the job. However, now they...

Do you believe that you were fired from your job because of your race?  It can often times be a difficult thing to prove because the decision maker rarely tells you that they are terminating your employment because of your race.  However, all hope is not lost.  You can demonstrate that you were the...

Interesting article about how Yahoo is trying to avoid paying severance to its former CEO.  You can view the article here.

We received numerous phone calls a day from potential clients asking whether the harassment they are experiencing at work is illegal.  Most assume that it is illegal because it is completely unfair, degrading and abusive.  However, NJ Harassment Law does not protect harassment unless the harassment is either severe or pervasive AND based on...

Were you offered a severance agreement from a Wall Street firm? Wall Street Severance Packages are typically different in that the company is required to disclose certain information in the Form U-5 regarding the termination. The severance payouts usually provide 2 weeks for each yea of service, offer outplacement services and may reinforce any...

New Jersey Restrictive Covenants are permitted by New Jersey law.  Restrictive covenants are agreements between you and the employer regarding certain activities that you will not do while employed by the company and after your employment terminates for any reason whatsoever.  The typical restrictive covenants in New Jersey consist of non-compete agreements and non-solicitation...

Employees who are experiencing difficulties at work or feel that they are being harassed, discriminated against or retaliated against by the company may want to file a lawsuit. However, now may not be the right time to file a NJ Employment Law case against the company. If you are still employed by the company, you...

We were recently discussing with a client whether the company she worked for had more than 50 employees for purposes of qualifying for medical leave pursuant to the Family Medical Leave Act ("FMLA"). The issue was that some of the employees had the term partner and the company was not including them because they...