New Jersey Employment Legal Questions

I'm so sorry that you were sexually assaulted at work. His behavior was not only inappropriate, but it was illegal. You definitely have rights and there are some actions you may want to take to protect your rates. For example, you should consider reporting this in writing to Human Resources. If you are still working with this individual, you may have a right to have him removed from the premises or to have him work different shifts so that you do not have to work in close proximity to him. I recommend that you get a free consultation with an attorney. Many of us would be happy to provide one. All you need to do is ask. Eric A. Shore... Read Answer

The contract does have red flags. You should speak with the employer to determine the reasons for the clause and if the reasons apply to you. By way of example, are they moving the employee and family a long distance for this work ? Is there special training ? Ask for examples of how applied. Ed Dimon, Esq. 732-797-1600... Read Answer

You are a1099 'independent contractor' and this gives you far less rights. The potential customer said you had been drinking and were intoxicated. Uber made the decision to believe the customer. This is similar to saying that you will not use the plumber a second time to fix your sink. You have no obligation to use the plumber.  You have the right to support your position with evidence including testimony and video records. I would recommend placing all the supporting evidence on the 'written record' so that there is a positive record. Uber has no obligation to accept the record or to give you a 'hearing'. However, you would have the record for the possibility of new contractual employment with Uber. Please call if we can help. Ed Dimon, Esq..... Read Answer

You should work closely with and provide written documentation to NJ Unemployment personnel. Be extremely detailed and specific and provide too much documentation. How long will you be out of the country ? A short time will present no issues.  Please call if you have any issues. Ed Dimon, Esq. 732-797-1600 ... Read Answer

You are in a diffcult position. You may be able to use the 'illegal behavior' of the employer to your benefit in obtaining employment with the employer. You will not be able to use this behavior in court because you were an 'accomplice' in that you knew of the illegal weight. Please let us know if we can help you in court. Ed Dimon, Esq. 732-797-1600 ext 235... Read Answer

The employer can sue you and can also request an injunction so that you cannot work for the new employer until the matter is resolved. The threat of these two actions oftentimes has a chilling effect upon the new employment. We normally negotiate a settlement to avoid these issues. It is economic in nature. Please call to discuss. Ed Dimon, Esq. 732-797-1600 extension 235... Read Answer

The 'workers' demand for unemployment compensation may raise additioinal issues with regard to the status of their employmenrt. We have had a similar sutuation where the 'home care providers' were working 'off the books' and we had to work with the state authorities to correct the situation and minimze the impact upon our clients. We were successful. Please call immediately to dfiscuss. Ed Dimon, Esq. 732-797-1600 ext 235... Read Answer

You are in a difficult position. The employer is requiring that you make the chioce between the new position at a greater distance from your home or signing the severance. You have to decide what you want to do. If you take the employment, the severance issue is moot. Hoever, if you take the severance, we may be able to help you obtain a greater number and also insure that there are no improper restrictions. Please call. Ed Dimon, Esq. 732-797-1600 ext 235... Read Answer

These are fact sensitive cases and the key to success is proving what happened and the intent to harm you. Was this the employer's computer ? Was the email work related ? Who maintains the program ? By way of example, our law firm owns the computer and program and controls all the activities with regard to the computer. This is allowed by the law. Ed Dimon, Esq. 732-797-1600... Read Answer

The employer can require a face mask and shield for the employee. By way of example, hospitals are requiring employees to wear face shields of a particular nature and masks and particular clothing such as the lead shield apron. The court will support decisions based upon worker safety. Please call if you have any questions. Ed Dimon, Esq. 732-797-1600... Read Answer

The key is the company response. Did they have the employee remove the material from the Internet ? Has there been inappropriate behavior at work which has been the subject of a complaint ? The company has to be put on notice and the company must then respond. These are fact sensitive cases. Ed Dimon, Esq. 732-797-1600 ... Read Answer

Severance is a substitute for income and, as such, is taxable. The relocation payment is more complex in that the the amount given to you may be taxable, but the monies spent on relocation is tax deductible. One of my partners is both a CPA and a tax attorney. I did speak with him this morning. We can get more detailed answers if you need them. Ed Dimon, Esq. 732-797-1600 ext 235... Read Answer

The timing of your misstep was most unfortunate. Employers are bending over backwards to avoid any sexual harassment issues. There is no upside to keeping you. You could try to work with the employer with regard to future employment or employment in another division. Explain your mistake and take ownership of the mistake. Ed Dimon, Esq. ... Read Answer