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New Jersey Employment Legal Questions

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376 legal questions have been posted about labor and employment by real users in New Jersey. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include whistleblower litigation, wage and hour law, and occupational safety and health (osha). All topics and other states can be accessed in the dropdowns below.
New Jersey Employment Questions & Legal Answers - Page 13
Do you have any New Jersey Employment questions page 13 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 376 previously answered New Jersey Employment questions.
Labor and Employment
New Jersey

Recent Legal Answers

Reasonable Cause

Answered 12 years and 11 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
you have a contract which must be followed by both parties. i would need to review  the contract and the actions of both parties. i would then be able to advise you as to the merits of your position. ed dimon, esq.
you have a contract which must be followed by both parties. i would need to review  the contract and the actions of both parties. i would then... Read More

is it legal for him to do this??

Answered 12 years and 11 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
the employer can require that the 'books balance'. you can be terminated for the 'books not balancing'. you can keep your job by 'paying the difference'.
the employer can require that the 'books balance'. you can be terminated for the 'books not balancing'. you can keep your job by 'paying the... Read More

Fired due to health condition/deniedunemployment benefits.

Answered 12 years and 11 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
the employer is not required to provide employment if you cannot do the specific job. for example, a fireman must carry a 165 pound person down a ladder. if fireman cannot do this based upon a bad back, the fireman is not 'entitled' to that job. the fire company is not required to give this person another position [dispatcher]. ed dimon, esq.... Read More
the employer is not required to provide employment if you cannot do the specific job. for example, a fireman must carry a 165 pound person down a... Read More

Can my on call pay be taken away after having it for 11 years?

Answered 13 years ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
i am assuming that you do not have an employment contract. if you have a written contract, the 'on-call' payments would be included. without a written contract, there is no guarantee for the 'on-call' payment. i would try to negotiate with the company. ed dimon, esq.
i am assuming that you do not have an employment contract. if you have a written contract, the 'on-call' payments would be included. without a... Read More

Can an employer make you work then tell you he is paying you as a vacation day?

Answered 13 years ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
you must follow the law. you must tell the truth. you cannot say that you were on vacation when you were working. who do you want to sue ? what is the basis for the suit ? i can discuss the issues with you. ed dimon, esq. 732-797-1600
you must follow the law. you must tell the truth. you cannot say that you were on vacation when you were working. who do you want to sue ? what is... Read More

Can a one time incident constitute hostile workplace if the incident was so egregious?

Answered 13 years ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
the key is notice.  you must report what happened to your employer and give the employer the opportunity to investigate and correct this conduct.  if the conduct is not investigated and not corrected after you report said conduct, then you have a 'cause of action'. please let us konw if we can help. ed dimon, esq.... Read More
the key is notice.  you must report what happened to your employer and give the employer the opportunity to investigate and correct this... Read More

I am a commisioned salesman in N.J. Can deductions be made from my commision for late payment or failure to pay by the customer?

Answered 13 years ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
the key is the written contract between you and your employer. the contract would have to be reviewed to determine if the terms provide for siad deductions. ed dimon, esq.
the key is the written contract between you and your employer. the contract would have to be reviewed to determine if the terms provide for siad... Read More

are life insurance policies included ina devorce settlement?n new jersey

Answered 13 years and a month ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
the life insurance policy would be included if the policy had 'cash value'.  the policy would then be a 'marital asset'. the insurance policy would not be a marital asset if there was no cash value and one received said policy as a result of employment and would lose coverage if the employment ended.  ed dimon, esq.... Read More
the life insurance policy would be included if the policy had 'cash value'.  the policy would then be a 'marital asset'. the insurance policy... Read More

does local government contract supercede state contracts

Answered 13 years and a month ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
i need more details. what is the local contract ? what is the state contract ? i would need to review both. ed dimon, esq.
i need more details. what is the local contract ? what is the state contract ? i would need to review both. ed dimon, esq.

in. N.J. how to prove u worked on prevailing rate state roadway jobs and employer refuse to submit records

Answered 13 years and a month ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
i would use lance lebaron, a private investigator, to gather the evidence. you can attempt to gather the records on your own but you may be frustrated. you can also work with the NJ Department of Labor. the records will ultimately be produced. how much money are we talking about ? do you give 'written notice' when you were not paid at the correct rate ? these are legal hurdles you must overcome. ed dimon, esq.... Read More
i would use lance lebaron, a private investigator, to gather the evidence. you can attempt to gather the records on your own but you may be... Read More

How would I proceed with this issue?

Answered 13 years and 2 months ago by Mendola Francesca (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
Would you like to come in for a consultation? You have a claim against your employer
Would you like to come in for a consultation? You have a claim against your employer

The company I work for is looking to layoff employees who received 2 ratings on their performance reviews? Is this legal to do?

Answered 13 years and 2 months ago by Mendola Francesca (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
It depends. There are a lot of factors invovled in termination. Would you like to come in for a consultation?
It depends. There are a lot of factors invovled in termination. Would you like to come in for a consultation?

Is it legal for an employer to listen in on conversations in the workplace

Answered 13 years and 2 months ago by Mendola Francesca (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
If you would like to come in to discuss this matter, you can coem for a conulsation
If you would like to come in to discuss this matter, you can coem for a conulsation

Is there anyway to fight a denied unemployment claim if I left my job?

Answered 13 years and 2 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
you must meet the very specific criteria of nj unemployment.  the terms are carefully defined. you can appeal the nj decision. however, i would not appeal if i did not meet the criteria. ed dimon, esq.
you must meet the very specific criteria of nj unemployment.  the terms are carefully defined. you can appeal the nj decision. however, i would... Read More

What can I do when I am awarded a job and my employer refuses to grant me the position and ask for medical documentation and refuses to accept it ?

Answered 13 years and 2 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
1. the doctor's reports on what you can do and cannot do at work will be controlling. do you have an updated medical report stating specifically what you can do or not do at work. if not, please obtain same asap. i would work with both the doctor and your employer to resolve the issue. ed dimon,esq.  2. i saw your response.  if you cannot use the medical reports to convince your employer, you may have to use an attorney to make the law clear to your employer. let us know if we can be of assistance. ed dimon, esq.... Read More
1. the doctor's reports on what you can do and cannot do at work will be controlling. do you have an updated medical report stating specifically what... Read More

Does my employer have to pay me my 2012 performance bonus, if I resign in mid February? The payout is scheduled for sometime in March.

Answered 13 years and 2 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
the document setting forth the performance plan is crucial. i would need to review the written plan. if the plan is put in place to keep people employed, you case is less strong in that you are leaving. if you are being paid for last year's work, for example, a bonus for selling more cars than required, then your case is better. in addition, the past practices of the company are important. have employees been paid the bonus if they have left the company ? ed dimon, esq.... Read More
the document setting forth the performance plan is crucial. i would need to review the written plan. if the plan is put in place to keep people... Read More

Is it legal for a company to provide a benefit to all full time workers, except for one?

Answered 13 years and 2 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
this is an interesting case. i would argue that the 'weekend' worker should receive the same compensation because the status as a fulltime worker is the same. the only difference is the hours worked. for example, the worker would be paid if he/she worked the night shift.  how is the employer explaining the reason for the non-payment ? ed dimon, esq.... Read More
this is an interesting case. i would argue that the 'weekend' worker should receive the same compensation because the status as a fulltime worker is... Read More

I think, I have been Discriminated against by an agency for the employer.

Answered 13 years and 2 months ago by Lawrence N Lavigne (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
From the short discription you give, it appears that the agency might have have violated the NJ Law Agaisnt Discrimination which prohibits decisions not to hire based on age, race national origin etc.  I would need more information to determine if the facts would support such a claim Please call me at 908-687-7750 to discuss further   Lawrence N Lavigne, Esq.  ... Read More
From the short discription you give, it appears that the agency might have have violated the NJ Law Agaisnt Discrimination which prohibits decisions... Read More

Unemployment Benefits approved, now employer appealing claiming misconduct and severe misconduct.

Answered 13 years and 2 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
the employer has the right to terminate you and the right to tell 'unemployment' of the reason for the termination. you can appeal.  ed dimon, esq.
the employer has the right to terminate you and the right to tell 'unemployment' of the reason for the termination. you can appeal.  ed dimon,... Read More

Do I have a case for discrimination and wrongful termination?

Answered 13 years and 2 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
you, as the plaintiff, have the burden of proving that you were terminated based upon your race. you will be successful if you have witnesses to testify to this discrimination. we have a private investigator who can interview these witnesses and take statements. he would not be expensive. you should speak with them first. ed dimon, esq.... Read More
you, as the plaintiff, have the burden of proving that you were terminated based upon your race. you will be successful if you have witnesses to... Read More

Can I sew a employment for making a mistake with my w4 keeping me from claiming taxes this year?

Answered 13 years and 2 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
you would have to demonstrate that you tlod your employer to take specific actions and that they took different actions. you would then have to demonstrate how you were harmed by thier actions. did you pay additional taxes ?
you would have to demonstrate that you tlod your employer to take specific actions and that they took different actions. you would then have to... Read More

in new jersey, can an employer direct an employee to log 40 hrs a week when they are working 75 plus hours?

Answered 13 years and 3 months ago by Edward J. Dimon (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
no, unless you are an 'exempt' employee which does not have any hourly requirements.  however, you need to make sure that you do not lose your job. you could win the battle and lose the war.  ed dimon, esq.
no, unless you are an 'exempt' employee which does not have any hourly requirements.  however, you need to make sure that you do not lose your... Read More

I filed for workman's comp claim. My boss gave me memos blaming my minor injury to somethings else not work related. Looks like he wants to fire me.

Answered 13 years and 3 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
workers' compensation is an administrative court which addresses the worker being injured at work. you should stay in this court to address your injury. you should require your employer to prove that the injury did not occur at work. ed dimon, esq.
workers' compensation is an administrative court which addresses the worker being injured at work. you should stay in this court to address your... Read More

Is my HR manager and direct manager allowed to write me up without discussing the write up with me or having my signature?

Answered 13 years and 3 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
the employer must follow the procedures in the 'employee manual'. have the procedures been follwed ? you need to document in writing your objections to the procedures.  ed dimon, esq.
the employer must follow the procedures in the 'employee manual'. have the procedures been follwed ? you need to document in writing your objections... Read More

Can my boss lay me off via text message?

Answered 13 years and 3 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
i am assuming that you are an 'employee-at-will' which means that you can be terminated for no reason.  you can be terminated via text message. 
i am assuming that you are an 'employee-at-will' which means that you can be terminated for no reason.  you can be terminated via text... Read More
Labor and Employment
New Jersey

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