New Jersey Employment Contracts Legal Questions

i would work with your former employer and with your new employer. i would need to review the contract. hoever, if the contract does require 30 days notice, then yoy must give 30 days notice.  i would also need to review the contract regarding vacation and sick days. this would tell me  what you could or could not do. leaving on a good note is crucial. please call if we can help. ed dimon, esq. 732-797-1600 ... Read Answer

If your doctor is disclosing any information to unauthorized recipients, he/she is violating HIPPA, which they would not do in this fashion.  Despite your views to the contrary, I am pretty sure the "outside company" is acting on behalf of your health insurer, and you have signed the standard forms giving your physician permission to disclose medical information to your insurer, which would be a prerequisite for coverage.  I would call the insurer to see if the outside company is acting on the insurer's behalf.  If not, just instruct your doctor not to speak with them.... Read Answer

NJ does not favor 'non-compete agreements'. however, the proper answer would depend upon the review of the contract and the circumstances of the 'reduction in force' and the 'new employment position'.  i am cautiously optimistic that we would be successful in protecting your new position. ed dimon, esq. 732-797-1600... Read Answer

you must respond to court documents. you cannot ignore these documents. you must extricate yourself from this legal action. i would borrow the money from friends and family to hire an attorney to get you 'out of harms way'. your former attorney is most familiar with the case. he/she would be the least expensive. ed dimon. esq. 732-797-1600... Read Answer

we would have to review the specific employment contract and your alleged behavior to give you a more definitive answer. however, NJ does not look kindly upon 'non-compete' agreements. these 'non-comptete' agreements are not normally enforced. please let me know if we can help. ed dimon, esq. 732-797-1600 ext 235... Read Answer

i would need to review the severance agreements to insure that there was no language which would put you in 'harm's way'. is your accountant willing to give you a formal opinion that you are not a 1099 employee and the basis for same ? what is your gameplan ? how do you benefit from reporting your employer ? i would have your accountant list in writing the benefits to you. ed dimon. esq. 732-797-1600... Read Answer

i would need to review your brother's employment contract to see how the draw is addressed. if your brother did all that was required by the contract, he should not owe the money. timing may be crucial. you should have your brother do a 'timeline' of what happened.  please let us know if we can help. ed dimon, esq. 732-797-1600... Read Answer

i would make a written demand setting forth all the facts. if they do not respond or if they refuse to pay, send a second written demand. if no response, we can  make a demand. if no response, we can file a complaint and sue. the threat from an attorney should work. if not, we sue and get you your money. the suit would be the 'last resort' because the legal costs are significant. ed dimon, esq. 732-797-1600.... Read Answer

i need to know exactly what happened. you state that the employer 'eliminated' your position as COO. was the position [COO] eliminated ? or did another employee get this position ? did you sign a 'severance agreement' ? what role, if any,  did your cancer play in this 'elimination' of position ? please call. ed dimon, esq. 732-797-1600 ext 235... Read Answer

these cases are 'fact sensitive'. for example, how many employees do you have ? if you have a small number of employees and the employee's position is crucial, the you do not have to make a 'reasonable accomodation' concerning 'work hours'. however, if the work is not crucial and can be accomplished with 'reasonable accomodation' by shifting the work hours, then the employer is required to provide the 'accomodation'. please call and we can discuss the actual facts. ed dimon, esq. 732-797-1600 ext 235... Read Answer

Absent a contract (which can sometimes be created by an employee handbook) or statute which either provides that an employee will be employed for a certain time (i.e. a three year contract) or limits the reasons why an employee can be fired (i.e. a contract which provides that an employee can only be fired for good cause, or a statute which provides that no employee can be fired based o their religion), an employee can be fired for any reason, including refusing to work additional hours.... Read Answer

your medical records are private. your employer can have access to your medical records only for the direct purpose of employment.  for example, an employee requests a 'reasonable accomodation' at work based upon a back injury. the employer would have access to the medical records of the employee to determine if there is a basis for the 'accomodation'. the medical records cannot be shared with the normal employees. ed dimon, esq.... Read Answer

As an initial matter, you must obtain a new H1B status or the question regarding the non-compete is moot, since you may face immigration consequences if you lose status. It is fairly common to transfer H1B employers but the concept of an actual transfer is a misnomer. Essentially a new H1B and a new employer will have to make the request. The process can be time consuming and technical and it is advised you retain an immigration attorney for this process. Additional issues may arise if you fall out of status before your new H1B can be processed. As with your original H1B application, you will need a variety of documents to perform the necessary paperwork, including but not limited to the following: - 2 Recent paystubs - Copies of all your current H1B papers - Copies of all passport pages - Copy of I-94 form - Copy of most current visa stamp - Latest resume - Copy of diplomas and certificates - All prior W2 tax papers If here with family, you will also be required to redo their paperwork as well. Regarding your concerns over your non-compete, such agreements are only enforceable in New Jersey courts if it can be shown that (1) it protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) it is not injurious to the public. Generally, it is not a legitimate interest of an employer to limit competition. There must be some form of customer relationships or trade secrets sought to be protected. Undue hardship is a fact sensitive issue that examines the geographic scope and length of time, against the employees other available oppurtunities. It is always harder to win this argument when an employee quits as opposed to being fired. The last prong discussing whether there is injury to the public is also fact sensitive. The type of service or business performed and the community need for that service are the most important factors. Because non-competes are so fact driven, it is recommended you schedule a visit with my firm so I can develope a more accurate answer. You can find my contact information from the firm website at www.cldds.com Should you have any other questions or concerns, our firm has attorneys who focus on civil, criminal, family, municipal, elder, commercial, and real estate law.... Read Answer

yes. one of the conditions of work can be 'clocking in/out'. if the employee does not indicate in the proper manner that they worked, they will not have requisite 'time sheet' from which to be paid. if you did the work, i would negotiate with the employer to get paid at 80% of what i should have been paid. ed dimon, esq.... Read Answer

these are difficult cases to win for two reasons. there does not need to be a 'cause for termination' in an 'at will' state. in addition, sexual harassment allegations can be difficult to defend. what was actually said ? the employer will be given broad discretion in this area, ed dimon, esq.... Read Answer