New Jersey Employment Legal Questions

you should meet with the manager to discuss the issues. you should explain your position and ask  he/she the basis for his/her position. you should ask the manager why he/she was of the opinion you were lying. you should write down the responses and see if there is a basis for the position.  if not, you should clarify your position in writing. the manager's response is crucial.  please let us know the response. if there is no basis for the position and there is no proper response from the manager, you may have the basis for a complaint to upper management.... Read Answer

You'll certainly need to speak with an attorney to provide them more details about your situation. Sexual harassment in the workplace is unacceptable. You state on here that "this was settled a few months ago." I think you'll need a consult with an experience attorney who can properly evaluate your case.... Read Answer

You may have a hostile work environment claim. I suggest you speak to an attorney about filing such an action. You might also want to contact the state attorney general's Division on Civil Rights. No one has the right to make public and false statements about you concerning your work. ... Read Answer

If you do not have an agreement with the local artist you would have no right to move forward on your own since you would be using his product and he could always come after you and file a suit against you for stealing his product. I would also be careful about getting involved in a product that uses copyrighted material and ideas without getting licenses from the owners of the copyright. If you are determined to proceed you should try to reach an agreement with him for the use of his product and idea. There is no way you can go ahead on your own without his participation. He might be willing to sell you the right to develop his idea commercially if he is unwilling to work with you and this might be what you should do.... Read Answer

you would only have a legal claim if the reason you were let go while others doing the same were kept, was based on discrimination (race, age, religion, etc) or retaliation for a whistleblowing type complaint.  You should see an attorney to discuss this in more detail to see if one of these applies... Read Answer

Typically, an employer is not required to give you a paid vacation.  This is something you could certainly ask for but would not necessarily be entitled to.  The employer may be willing to give you an unpaid vacation.  You should getting overtime.  Speak to an attorney if you have questions... Read Answer

I cannot comment on whether your short term disability is subject to open enrollment or not.  You should get a copy of their policy and speak to an attorney about that part.  They should not, however, be telling you that you would not qualify unless there was some requirement that you needed to work there for a certain period of time to be eligible and you had not worked for that amount of time.  They should not be making medical decisions on whether you would be disabled or not.  That is up to the disability representative... Read Answer

your son is entitled to be paid regardless of whether this was under the table or not.  The only complication is that if your son had not been reporting the income as taxes for his 2011 return, this presents an issue with the IRS. But he is still entitled to be paid for his time.  If wages are only due for 2012, there is no problem tax wise at this point. You should  discuss this with an attorney to determine the best way to proceed... Read Answer

If she was granted FMLA and she returns to work within the 12 period that the employer granted her under the FMLA, then the company cannot simply replace her.  Rather, the FMLA requires that they return her to her job or a very similar position.  If she is not able to return to work within the FMLA period that was granted, then her situation gets more complicated.   In either event, I see no reason for her to resign. If, however, the company was legitimately planning to eliminate her or her job even had she not gone on FMLA, the company could do so without violating her rights.  BUT, the company would have to prove they were truly going to terminate or replace her and had this intent before she ever asked for FMLA and perhaps before she told them she was pregnant. Regardless of the situation, she should definitely discuss this in more detail with an attorney to explore all the facts and other possible legal action... Read Answer

You have the right to take both civil and criminal action for assault and battery.  There may be other actions as well depending on the extent of your injuries and why the employer took these actions against you.  you should first consult with a private attorney before you make a criminal report as the attorney may have specific things he/she wants you to do when you go to the police.  ... Read Answer

Generally, it is permissible for an employer to announce to employees that someone is no longer employed by the company.  Many employers send out such communications (either e-mails or "hard copy" notices, or both) since they want employees to know a person is no longer an employee for security purposes.  However, it is also permissible for an employer to have a policy that it will not make these notifications.... Read Answer

This question is determined by New Jersey's state laws. The laws that apply are usually called "Dram Shop laws."  In most states, if an employer serves alcohol at a company sponsored social event to an employee who then becomes inebriated and who subsequently causes an accident with a third party while driving home, the employer can be held liable for the damages that the third party suffers, so long as the evidence shows that the employer knew or had reason to know both that the employee was becoming inebriated, and that the employee was driving a car. Check with a New Jersey lawyer.   Michael Caldwell 404-979-3150... Read Answer