New Jersey Employment Legal Questions

Employer is required to follow the written terms and conditions in the employment manual. To properly answer your question, we would have to review employment manual. The language in the manual is normally explicit with regard to the payment of paid time off and with regard to the payment of a bonus. For example, the language for the bonus normally requires that the employee be employed at the time the bonus is paid. Please call if you would like us to review the employment manual and to give you a legal opinion as to the merits of your two positions.... Read Answer

If the employer has a position for you and you do not take that position, you are not entitled to unemployment compensation. The key is that you were terminated from employment. If you decide, as the employee, walk away from a position, then you're not entitled to unemployment compensation. I would try the new position. It is easier to get employment when you have a job. It is more difficult to get a job when you are not employed. Please let me know how you do.please call if you need help.... Read Answer

New Jersey is an at will employment state employment contracts are extremely rare. As such, there is no legal requirement to pay severance.The citizens should give more thought to the protection of the employee. The trend has been away from the protection of the employee. The citizens need to decide if you want to change the law.... Read Answer

The key to success is the doctors report. The potential employee will be successful if the doctors report is transparent and specific. The report bust state that the high blood sugar has nothing to  do with the job and will impact job performance. If there is a doctors report which states that the high blood sugar will impact job performance, then the employee will have a more difficult chance of winning. Please email reports. We will review.... Read Answer

New Jersey courts do not favor noncompete agreements. We would need to review the noncompete agreement and the circumstances under which you were hired. The Devil is in the details. If you have a standard noncompete and you were not given special economic circumstances, then you may be successful in attacking the noncompete. Please call if we can help.... Read Answer

To properly answer your question, I would need to review your employment contract. If you do not have a contract, then you would be subject to the terms and conditions set forth in the employee handbook. We would need to review the employee handbook to tell you of your rights. And also for us with specificity the employment and vacation issues. please call if we can help.... Read Answer

There are two crucial issues. The first issue is whether you are an employee at will. In New Jersey, an employee at will has very few rights. If you are an employee at will, you do not have an employment contract. Your rights are set forth in your employee handbook. To give you a proper answer concerning your right, we would have to review the handbook. If you do have the right of appeal, you would then have to overcome the statement of the co-employee. Please call if we can help.... Read Answer

You are in a most difficult situation. You have an obligation to put the employer on notice regarding the stress that you are experiencing as a result of your employment. You have an obligation to provide the employer with medical documentation that your blood pressure and medical condition is the direct result of the stress that you are undergoing at work. What does the present medical report say about the cause of your blood pressure and medical condition? Employer can obtain a second medical opinion. The second medical opinion can state that your blood pressure and or medical condition is a result of a different set of circumstances. In addition, your medical report cannot state that you are unable to perform the job function. If the medical report states that you cannot work and perform the job requirements, then the employer is not required to keep this position open for you. This is a common mistake we see with both employees and medical opinions.you need an attorney to guide you through this situation carefully. You can speak with us or speak with another employment attorney. This is a complex area.... Read Answer

There are no legal constraints which prevent an employer from requiring that an employee drive a long distance to job. The employee can request additional compensation for the travel. However, the employer has the authority and discretion to say yes or no to the compensation for travel. For example, large accounting firms have their accountants travel to cities 2000 miles away and do accounting work for two weeks. The accountant is paid for the two weeks of accounting work done in the faraway city. The accountant is not compensated for the flight to and from the city or compensated for evenings spent in the city away from home.... Read Answer

The employer has The right to demand that you work in order that you get paid. If you were not able to work because of a snow day, you can take that snow day as a personal day and get paid for it. Or you can take the snow day as a vacation day and be paid. However, you must either work or take a personal day or take a vacation day in order that you be paid for a snow day.... Read Answer

Employer owes you for the work that you did. The employer must pay you for the work that you did. The employer can change the timeframe for paying you. For example, he can pay you on the 15th of the month for the work that you did for the first two weeks of the month. You can reach out to the New Jersey Department of wage and hour for the remedy. You can reach out to an attorney for the remedy. The attorney response will be more expensive. However, they turn a response will be much quicker. Please call if we can help... Read Answer

I would need to read the language in the employee handbook. Please copy the section that speaks to holiday time off. Please email me the pertinent section regarding holidays. Normally, if  employee handbook provides that you received seven national holidays, and sets forth the national holidays, you would have those holidays off from work.... Read Answer

The employer must provide you with your W-2. The employer has no choice. He is is required by the government. The return of the visor and the shirts is a separate issue. You may have to return the visor and shirts. However, that has nothing to do with employer being required to provide you with a W-2.... Read Answer

To qualify for unemployment compensation, you must meet the specific requirements of unemployment. I would work closely with employment if I were you. There are specific and very detailed criteria that you must meet. You can do the research regarding this criteria. We can help you to the research. Please call... Read Answer

To properly answer the question, I would have to see the employment agreement. However, the  majority of contracts that I have reviewed, require that you be employed with the company on the bonuses are paid. For example, the majority of Wall Street firms require that you be employed on the day the bonus is paid.... Read Answer

You need to remedy this mistake with both the federal government and New Jersey tax authorities. You need to get proper credit towards your Social Security benefits. You can remedy this error herself. The alternative is having us remedy this mistake. We have an attorney who is both a CPA and a tax attorney. However, you would incur legal cost of at least $2000. Please let us know if we can help.... Read Answer

To properly answer this question, I would need to know the context of the text message and the content of the text message. If that text message is work related, and the employer has the right to see text messages sent among employees. The key is whether or not the text message is work related. The fact that the text message was among employees may present an issue for you. Was a text message also sent to non-employees? Please call if we can help. Ed Dimon... Read Answer

You have placed your self in a difficult position to succeed. In the first instance, you worked off the books for cash. You did not make timely complaints to the Department of Labor about the failure to pay overtime. The department of labor will take the position that you're coming in before them with unclean hands. The unclean hands are brought about by the failure to declare income and by the failure to complain in a timely fashion about no overtime payments. Ed Dimon... Read Answer

I am in agreement with you. I would speak with the employer to see what their intentions were with regard to this particular phrase. I cannot imagine that this was thought through carefully. If you were to alert the employer to this problem, I am sure that they would quickly correct their mistake. Please let me knowwhat happens. Ed Dimon... Read Answer

You have two interesting issues. The first issue is concerned with constitutional discrimination. The Constitution prohibits discrimination based on race religion sex disability etc. If you have been discriminated against based on one of these criteria, you will have a successful position. The second issue is discrimination based upon working at home versus not working at home. This is not a constitutional issue. Employer can have one employee come to work and one employee stay at home. This would not be discrimination. Please let me know if we can help. Ed Dimon... Read Answer