New Jersey Employment Contracts Legal Questions

You have set for us multiple complex legal issues. Initial question is whether or not you are an employee? Are you an employee? Are you an independent contractor? Do you receive a W-2? Do you receive a 1099?are you an exempt employee? I would recommend that you hire us or another labor law firm to research these issues and to provide you with a written legal opinion. Without the proper research, any answer would be a guess.... Read Answer

You have set forth many complex issues. To properly answer these issues, I would need to review the employee manual. The employee manual would set forth the terms and conditions of employment. We would then be able to determine if the terms and conditions meet the legal requirements. I would recommend that you provide us with the employee manual.I would recommend that you hire us or another labor law firm to examine the issues and give you a written opinion as to the merits of the respective positions. Please call to discuss. Ed Dimon... Read Answer

This is completely legal and this is the standard in major corporations. The email server and the email system belong to the employer. The access and information and data on the email server belong to the employer. Many Large companies monitor the activity on the email server to ensure there is no inappropriate conduct. This is legal. ... Read Answer

You are in a difficult position. To be successful, you may have to bring a legal action against your  Employer.This is very expensive. In addition, there can be a stigma against your for bringing action against employer. You need to decide if you want to bring a civil action against  your employer. You have the legal cost. You have the issue of the stigma.  Please call to discuss.... Read Answer

Key to receiving overtime payments is that you are not an exempt employee. Exempt employees do not receive overtime. Exempt employees are paid a salary to do the work and however many hours are required, those hours are covered by the salary. A good example of exempt employees are tacticians that fix computers or programmers that fix failed programs. You can speak with the New Jersey Department of labor to determine if you are an exempt employee and to determine if you are entitled to overtime. If you become frustrated by the process, please call and we can help. Ed Dimon... Read Answer

Employer has the option to change the terms and conditions of work if one is at work in New Jersey which is an at will employment state. This means that the employee works at the will of the employer. Your second issue is unemployment compensation. You need to determine if you have a sufficient number of weeks at work to obtain unemployment compensation. You need also to determine if your actions permit you to qualify for unemployment compensation.... Read Answer

The key to success is a written record. Verbal comments will not be sufficient. The employee must make a record of what was told to the employee with regard to compensation and put the employer on record as to what the deal was and how the deal has fallen short. If you do not have a written record, you fall into the he said she said category under which the employer denies that this ever took place.... Read Answer

The key to success is making a written record of what happened at the place of employment. The specific conduct must be set forth in writing to the employer. The specific conduct must be supported by additional witnesses. It is most difficult to win the case without giving notice to the employer of the prohibited behavior and giving the employer the opportunity to correct the prohibited behavior. Notice and the opportunity to correct are crucial for victory. In addition, the employee needs supporting witnesses who will come to court and support them regarding the prohibited behavior. It has been our experience, that the other employees will not testify in support of their co-employee.... Read Answer

Key to answering this question is in the specific details. What is the nature of the work being done by the person with the heart condition ?Is the employee capable of doing the  job responsibilities with a heart condition ? The classic case is a fireman. A fireman is required to carry 165 pound person down a 20 foot ladder. If the fireman cannot carry 165 pound person down the ladder, then the person cannot be a fireman. Employer is not required to give a reasonable accommodation to the fireman. Employer has no obligation to allow this person to be a dispatcher or to drive a truck. Please call if we can help. Ed Dimon ... Read Answer

The devil is in the details. If you were paid off the books for a long period of time, then you will be charged as a co-conspirator. What was the nature of your employment. How much money did you make. How much did you escape in taxes. These are factors that will be taken into consideration by the prosecuting authorities. If for example, you made a large sum of money off the books and did not pay a large amount of taxes, and you are a co-conspirator. What would be your defense? Please call if we can help you. Ed Dimon... Read Answer

I would have to review the terms and conditions of the employment separation agreement to try to determine what the consequences would be if you did not sign. I cannot possibly give you the proper answer without knowing what the contract says. In general, the separation agreement requires that you sign the agreement in order to receive the benefits of said agreement. Ed Dimon... Read Answer

The NJ Supreme Court has issued a recent opinion on this issue. The proper answer can only be given after we compare your situation with the new case. We would be honored to represent you and give you a written opinion as to the merits of your legal position. Please call to discuss. Ed Dimon 732-797-1600... Read Answer

You are in a difficult position because either you or your attorney must be present. I would recommend that you exhaust your negotiations with your employer before hiring an attorney. You could then use the attorney to push the employer to settle. If the employer will not settle, then you must sue in court. Ed Dimon... Read Answer