You may not be required to pay Federal Insurance Contributions Act (FICA) tax on any severance pay you receive from your severance agreement.  A Judge for the United States District Court, Western District of Michigan ruled that severance payments made to severed employees are not subject to FICA  because they are not considered "wages."...

To determine whether a Company will be liable for sexual harassment under New Jersey Law, a jury will evaluate three issues: Whether the alleged conduct actually occurred; Whether the conduct was sexual harassing (was the conduct “severe” or “pervasive” enough to make a reasonable woman believe that the conditions of employment were altered and the working...

Yes.  Under New Jersey's whistleblower law, the Conscientious Employee Protection Act (CEPA), an employee who objects to an employer's illegal, unsafe, or fraudulent conduct is still protected even if he or she ultimately engages in the illegal activity.  The courts recognize that objecting to the law-breaking is enough and that most people will feel...

Harassment or discrimination due to an employee's Jewish religion or ancestry is illegal in New Jersey.  A series of offensive anti-Semitic comments, even if the boss claims he's joking, can create a hostile work environment that violates the New Jersey Law Against Discrimination.  For years, lawyers debated whether an employee claiming anti-Semitic harassment had...

You should not sign any document before you have read and understood what you are signing.  Many of our employment law clients have signed non-compete agreements, non-solicitation agreements and confidentiality agreements and are unaware of the restrictions of the agreements.  Also, many times the company maintains the only copy of the non-compete agreement, non-solicitation...

The key to negotiating a better severance package and increasing the severance pay is leverage.  Employees who are terminated and offered a severance agreement typically tell us that they "want more" or "need more" severance pay.  If you want or need to increase your severance package, you need to have leverage. We have found that...

Can I take FMLA leave for treatment of alcoholism or drugs?  Under the FMLA, eligible employees are entitled to up to twelve weeks of unpaid leave per year for absence due to, among other things, a “Serious Health Condition” that renders the employee unable to perform the functions of his or her job. 29...

Is alcoholism a disability or "handicap" pursuant to the New Jersey Law Against Discrimination? The definition of “handicapped,” is very broad in its scope and is left to the courts for interpretation. Alcoholism is a disease that manifests itself by both physical and psychological symptoms. An alcoholic may suffer from either a “physical disability...

What are you entitled to if you prevail in a lawsuit for discrimination?  New Jersey's Law Against Discrimination allows a prevailing Plaintiff to potentially receive compensatory damages, punitive damages, costs of suit and attorneys' fees.  All of these damages are determined by a jury upon a verdict in the Plaintiff's favor. Compensatory damages are intended...

Individuals can file a lawsuit alleging discrimination and file a separate claim for Workers’ Compensation. Our New Jersey wrongful termination lawyers  frequently have clients who have both a discrimination lawsuit and workers’ compensation claim.  When one of the matters settles, our clients are typically concerned regarding whether the settlement of one lawsuit includes the other...