New Jersey Employment Legal Questions

The employer had the obligation to conduct a fair hearing. You have the burden to prove to the court that the hearing was not fair. The EEOC process is time consuming and you do not control what happens. The alternative is a civil action by you. The cost is significant but you control the process. Ed Dimon... Read Answer

We have just completed three similar noncompete cases. The good news is that the New Jersey courts do not favor non compete clauses.  However,  the devil is in the details. We would need to know how you developed the relationship with the clients. For example, did you have a prior relationship with these clients ? for example, if your present employer spent a considerable amount of money developing this relationship with the clients, you may have a problem.  Please call to discuss the details. Ed Dimon... Read Answer

We see this situation often. We obtain the official criminal record for both the state and the municipality to determine precisely what the records show. We give you copies. We expunge the record if the arrest and or convictions are on either. We then obtain the records after the expungements to show the clean records and give them to you. Ed Dimon... Read Answer

I cannot answer a question without knowing the terms and conditions of your employment. For example, waiters work each week I cannot answer a question without knowing the terms and conditions of your employment. For example, waiters work the weekend with no overtime pay. How  May hours do you work during the week ?  What kind of work do you do ? ... Read Answer

 You are in a difficult legal position and that you excepted the $10,000 reduction in salary and worked under those terms and conditions. The employer will argue  that this new salary was agreed upon between the employer and the employee. I would not spend your hard earned money employing an attorney to pursue this action. ... Read Answer

 This is a complex question. The employer is taking the position that you are an employee who is exempt from the hour and wage regulations based upon the utilization of a commission structure. For example,  car salesmen are exempt from our and wage requirements because they work on a commission. Are you paid a commission ?  What is the breakdown of your compensation ?... Read Answer

 The New Jersey courts do not favor non-compete agreements.  Non-compete agreement will not be enforced unless there are special circumstances. We would need to review the noncompete agreement and terms and conditions of your employKent.  We can then advise you with regard to the presence of special circumstances and the ability of the employer to have the noncompete agreement enforced. Please email the noncompete agreement. Please email the circumstances surrounding your employment. We will review imm please email the noncompete agreement. Please email the circumstances surrounding your employment. We will review asap. Ed Dimon... Read Answer

 Are you going on permanent disability? If you are returning to work, then the employer would keep the insurance in place for both you and your wife.  If you are going on permanent disability, then you need to work with the insurance company of your employer to determine your eligibility for insurance and your wife's eligibility for insurance under COBRA.  You will be able to obtain insurance for both you and your spouse under COBRA. The issue is the cost for this insurance. You should also look into health insurance for you and your spouse under the Affordable care act.... Read Answer

this is a complex area of the law in that many employers are improperly utilizing laws to their benefit. the employers are calling employees 'stand-by employees', but then making the employees come to a particular location. this requirement may violate the law. we would need to know more details about your situation. we could then compare your situation with the law. ed dimon... Read Answer

this is a very difficult area in labor law to examine. Employers are using labor laws to have exempt employees. Employers are trying to put sales representatives and IT personnelin that category of exempt employees. Exempt employees are not covered by the normal hour wage requirements.A good example would be the IT personnel who fix computers at night and on the weekends. They are not subject to overtime requirements. We can review your situation and give you a legal opinion. We would need a timeline of what has happened and a statement setting forth your job requirements. We would also need copies of the pertinent section of the employee manual. We would then provide you with a written legal opinion as to the merits of your position. ... Read Answer

We have a CPA and tax attorney at the firm. This person can review the payments and the ductions made two employees by the employer. You need to gather the payment stubs which set fourth the amount paid and the deductions. You should gather with your other employees so that you have a group to help pay for the legal costs. The key to success is the written documentation of the amount paid and the amount deducted.... Read Answer

I would work with the employer and with New Jersey unemployment. The cost to sue the employer would be too great. The key is obtaining a settlement with the employer. The employer provides the documentation to New Jersey unemployment. If the documentation to stop entitle you to unemployment compensation, then you would need to appeal the decision. This is a costly procedure.... Read Answer