New Jersey Employment Legal Questions

These are two separate programs. The short-term disability program is a New Jersey program for when you are disabled and cannot work. For example, you are having a hip revision and cannot work for five months, then you would receive short-term disability for five months. Health insurance is insurance plan for illness why you're employed by your employer. If you became ill during his five month period, your health insurance would cover this illness. For example, if you were to develop cancer while you were out on disability, the health insurance would pay for cancer treatment. As such, you must continue to make the health-care payments to your employer for your health insurance. Please call if we can help... Read Answer

You can check with the state of New Jersey to determine if this is a licensed position. If a license is required, then you have a strong position if the person does not have a license. If no license is required by the state, then you're in a difficult position. We can check with the state of New Jersey for you. However, I was trying to save you from not spending legal fees. Ed Dimon.     I did check with my sources. This is a licensed position. Loads being sent out on the road have to be certified. I am of the opinion that you would have a cause of action against your employer if you were let go and replaced by a non-licensed person. Please call and we can discuss the cause of action against your employer and the cost for same. My number is 732-797-1600. My extension is 235. Ed Dimon ... Read Answer

The key is negotiating a settlement with your employer. You have multiple issues. I would not spend money on litigation at this point. I would first start with negotiations with the employer to see if there might be a middle ground that makes sense for both the employer and employee. There are merits to both sides of the argument. You had the settlement offer in 2012. You have the FMLA issue. The employer has the two-year passage of time and the ability to outspend you. Please call if you would like us to negotiate on your behalf. 732–797–1600. Ed Dimon... Read Answer

The legislature writes the laws. The legislature has the authority to set application fees. For example, the legislature has set a fee to apply for a public defender. I am out of the fee must be reasonable. In this instance, the $25 fee appears reasonable. The courts or not overturn this reasonable fee. Ed Dimon... Read Answer

The key to answering this question properly is a review of your employment contract or if there is no contract, the review of the employee manual. If the contract or employee manual requires that you be paid for vacation time that you have learned, then you will be paid for that vacation time. For example, if you have earned 23 days of vacation time, then you should be paid for those 23 days. I would make a written demand for those 23 days of vacation time. The Employers response to your written demand will dictate your next step. Please call if you have any questions. 732–797–1600. Ed Dimon... Read Answer

as you will note from the articles in the newspaper, the IRS and Labor Department are looking very carefully at the distinction between independent contractors and employees. There are specific guidelines that must be followed. If you wish, I will introduce you to Joseph LaCosta Esq. he is with our firm. He is both a tax attorney and a CPA. He can guide you through this process so that you do not make any errors. Please give me a call. Ed Dimon... Read Answer

An employee at will can resign when that employee wants to resign. However, you must be especially careful. The actions you are going to take present two issues because you are coming off disability and you may be presenting issues for your receiving unemployment compensation. If unemployment compensation is not an issue, then you can resign. A third concern is your reputation in the workplace. If you have a history of taking disability and a history of resigning without notice, future employment may be difficult. I would take all of these issues in the consideration before resigning. The long-range implications may be significant. Ed Dimin... Read Answer

The employer can obtain the police report if the activity set forth in the police report is connected to your employment. For example, the employer could get the police report if you're involved in an accident driving the employers truck. The employer would be able to obtain a police report if there were a fight between two employees. Employer will not be able to get the report if there is no connection whatsoever to your employment. Please contact us if we can help 732-797-1600. Ed Dimon... Read Answer

I would work closely with the employer. I would contact the employer via email and set forth what has occurred. I would ask if there are any issues. You need a written record with the employer. Your question suggests that there are significant issues with the employer. I would determine those issues and address them ASAP. Ed Dimon... Read Answer

You need to be extremely careful. If the doctor writes a note that says you can't perform a particular job function, then the employer has the right to terminate you from that position. The classic case given you in law school is as follows: if you are a fireman you are required to carry 165 pound person down a 20 foot ladder. If you cannot perform that function, the employer does not have to keep you employed as a fireman. They do not have to make reasonable accommodation such as having you be a dispatcher.  We have seen multiple instances where the doctor wants to be helpful. However if the doctor writes a note that says you cannot perform a required job function, the employer does not need to keep you employed. We would work with you and with your doctor to make sure that no notes are giving to your employer which would cause you to lose your job and therefore lose your pension in 20 months. please contact me if we can be helpful. Ed Dimon 732-797-1600 extension 235 or email edimon@cldds.com Thank you... Read Answer

the employer has the right to request a second doctor's note and the the type of medication if the issue is work related. the key is that the doctor's second note and medication must be connected to the employment. what is the connection ? For example, if the employee is a truck driver and on medication, then the employer has the right to know the medication. please call if we can help. ed dimon 732-797-1600... Read Answer

the employer can increase the hours from 35 to 40. however, if you are an hourly employee, you must be paid for the additional hours. if you are a salaried employee, the situation is more complex. you may or may not be entitled to additional compensation. for example, are you an 'exempt' employee who does professional or management work ? you may not be entitled to additional compensation. ed dimon 732-797-1600... Read Answer

this is a difficult case. i am assuming that your wife does not have an employment contract. a contract would make the case much less difficult. in the future, please obtain an employment contract. if the employer says no, then think carefully about the position. in addition, your wife has to set forth damages which were caused by the failure to provide employment. the damages will be driven by unemployment. i am assuming she will have no difficulty getting a new position. as such, the damages will be minimal. lastly, your spouse will have legal fees. i would not advise your wife to spend the money. ed dimon... Read Answer