New Jersey Discrimination Legal Questions

the employer must be given notice of the problem and then given the opportunity to rectify. here, you can the notice and walmart rectifed the problem. in similar fashion, the 'cross market company' had no notice of the problem and no opportunity to correct the problem. the suit would not be successful. ed dimon, esq.... Read More

these cases are fact driven. for example, if the disability prevents the employee from doing the job, then there is no discrimination. if a person cannot do the required 165 pound carry for a fireman because of disability, then there is no obligation to give or keep this person as a fireman. the key is the job requirements and a doctor's report in writing that the person can do  the physical requirements of the job. they must be connected. ed dimon, esq. 732-797-1600... Read More

you would be well served hiring an attorney who specializes in these cases. this is a narrow field with very specific case law. for example, beth callahan, esq. in florham park, nj has a wonderful reputation. i know her dad, ed callaghan, esq. they practice together. ed dimon, esq. 732-797-1600... Read More

the police had 'reasonable suspicion' to stop the car [speeding]. the police had the legitimate opportunity to look inside the car when they stopped you. their observance of the drug paraphernalia gives them 'probable cause' to further search and/or arrest you. you were fortunate. the police officer now had personal knowledge of what was in the car. if he stops you again, he can use his prior knowledge. there is no discrimination based on color, religion, etc.  ed dimon, esq.... Read More

i am assuming that this is a 'labor and employment' matter in that you used the word 'discrimination'. if so, discrimination must be based upon race, religion, sexual orientation. what was the basis for the discrimination ?  did you formally complain in writing to the employer ? ed dimon, esq.... Read More

the us embassy should have been more helpful. however, there is no legal obligation to help you.  the us embassy has no legal obligation to provide you with funds or food or a hotel room.  i do not see the basis for a legal action. were you eventually helped ? how did you get home ? ed dimon, esq.... Read More

the key to winning the case is the doctor's report setting forth your illness and your ability to do the job. for example, if you were a fireman, you must be able to caary 165 pounds down a 20 foot ladder. the doctor must state in writing that you can do the work, the report, by way of example, cannot state that you can drive the fire truck. these cases are not done on a contingent basis. ed dimon, esq.... Read More

these cases are difficult to win because you need witnesses to testfy to the 'hostile work environment'. do you have witnesses who will give sworn testimony to our private investigator ? he can meet with you and them asap. his cost is $60 per hour. the cost to bring the action is dependent upon the evidence. the cost would be at least $7500 if you had very strong evidence. ed dimon, esq.... Read More

the common areas belong to all the condo units. in your situation, each of the 200 unit owners own the common areas on both sides of the highway. as such, each of you would pay your share of the costs for the common areas. there are not common areas for the 134 units and separate common areas for the 66 units. please let us know if we can be of assistance. ed dimon, esq. esq.... Read More

Selective enforcement is term that is often misconstrued.  If there was racial or discriminatory motivation in enforcing this law selectively, there is voluminous case law, as well as the 14th Amendment of our Federal Constitution, which prohibits such actions.  If the Judge was merely saying that you were selected for the violation when others have been able to evade the same by luck or design, there is no defense.  This is comparable to a speeding ticket, where the driver says he was keeping pace with traffic and that everyone else was also speeding.  The fact that other people break the law is no defense for any particular individual to do the same.  Should you have any other legal concerns, we have attorneys who focus on civil, criminal, municipal, family, elder, real estate, tax, and commercial law.  Feel free to contact us at 732-797-1600 or at www.cldds.com. Regards, Edward J. Dimon, Esq.... Read More

these cases are 'fact sensitive' in that the employer does not have to keep you employed if you cannot do the work. the classic example is a fireman. he/she must be able to carry 165 pound person down a ladder. if the fireman cannot do this 'carry', he/she loses the job as fireman. the employer has no obligation to give them lesser job responsibilities such as driver or dispatcher. be careful in stating that you cannot do the job. ed dimon, esq.... Read More

the harassed employee must complain to the employer about the harassment and give the employer the opportunity to remedy the problem. did you give the employer notice of the harassment ? did you give the employer the opportunity to remedy ? you should always put this in writing for your employer. this would provide you with a record.  ed dimon, esq.... Read More

the key is documentation and proof. if you have written authorization to take the course and be reimbursed for same, you will win the case. if you must rely upon 'verbal' comments, you will need to have the witnesses testfy on your behalf and state that you were told to take the course and would be reimbursed. you, as the plaintiff, have the burden to prove your case. please let us know if we can help. ed dimon, esq.... Read More