New Jersey Employment Legal Questions

i thought i had answered this question yesterday. my mistake. the expungement statute is for arrests and convictions. the statute does not address discharges from the military. however, we have had good fortune guiding people through the teacher application process when there have been issues with their past. i work with lance lebaron who has 34 years in the military. please let me know if we can help. ed dimon, esq. 732-797-1600... Read More

we are seeing more employers using 'mistakes' on the internet as a reason to  for  for 'downgrading' or 'dismissing' the employee. nj is an 'at-will' employment state so no reason has to be given. however, the 'mistake' you made regarding the internet gives the employer 'cover' to take actions, including dismissal, against you.  please let me know if we can help. ed dimon, esq.... Read More

the criminal records of individuals can be difficult to understand because names are the same. the key is the 'identifiers' which include your 'date of birth', your 'social security number', your address, etc. the employer may have wrongfully used the criminal backgroung of a person with the same last name. i would speak with the employers to make sure they know that you are not this person. mu sense is that the criminal record is not incorrect. it has not been my experience that the records are wrong when the 'identifiers' are utilized. for example, did the records have you date of birth ? social security number ?   address ? we can hel you with this problem. we do this every day. ed dimon, esq. 732-797-1600... Read More

you need to immediately correct in writing and in person the failure to make child support payments. you must make a written and personal record of the fact that the employer failed to make the payments after deducting the child support payments from you paycheck. you must provide the paychecks with the $93 deduction. the alternatice is jail. ed dimon, esq. 732-797-1600... Read More

IT employees are often 'exempt employees' which causes the normal rules not to apply. for example, with regard to overtime and the need to be called at all hours. i am of the opinion that the cell number can be published to a discrete number of employees who would need the number to contact you. the issue is publication to 130,000 employees. the employer will make the decision. i do not believe you could challenge in court without a specific contract prohibiting the publication. ed dimon, esq. 732-797-1600... Read More

If your boss was calling you Jose because you were Hispanic, instead of your real name, then his actions against you once you complained about him calling you Jose might be retaliation.  This would allow you to file a charge of discrimination, or go to HR to complain about retaliation.  This assumes that his calling Jose was a form of national origin discrimination. If the actions against you were based on your complaint to OSHA, that would also be retaliation but would require you to file a charge either with OSHA or in court for retaliation, or also go to HR if you prefer.  Since retaliation for effectively complaining about discrimination involves a different law than retaliation for making a complaint to OSHA, you may need to determine which complaint was the more likely cause of the actions against you.  If you feel that both of these complaints contributed to the actions against you, you can file a charge before 2 different agencies.  You would need meet with an attorney who better determine which remedy you should follow.... Read More

you should exhaust your remedies with the labor attorney. you pay dues and he/she must answer your written questions.  be factual and provide the labor attorney with the medical reports and the call issues. be specific. have the business manager help you write the questions and provide the documentation. when you get the response, ask more specific questions with the union's help. then hire an attorney. ed dimon, esq.... Read More

You would have a cause of action if you can prove that the reason for the termination was due to your husband's medical condition.  This would then violate the ADA and possibly ERISA.  The company will have to establish that there was in fact a need to lay off an employee, and then explain why they chose your husband instead of another person, assuming there was a legitimate need for a lay off.  If the company replaced your husband with another person, that will be a big step to prove discrimination since it shows there was no need for a lay off.  While there is no rule, absent a union contract, that requires a certain priority be followed for a lay off, companies typically base the decision on one or more of the following: seniority, performance as compared to other employee performing the same job duties and having the same title, prior discipline, having or lacking a special skill set that the company needs, or some other legitimate and logical reason.  You should meet with an attorney to further explore the facts and make a written request for your husband's personnel file... Read More

you should contact the insurance company who has provided the health insurance and tell them that you wish to purchase health insurance under the group rates. they will sell you the insurance and you will be covered. why did you not pay the $1800 to cover your portion of the premium ? this was the contract you had entered into with the employer.  the failure to pay created the issues. ed dimon, esq.... Read More

these are difficult cases because the employer does not have to make 'reasonable accomodation' for the employee to work if the employee is unable to perform the work required. the example given in law school is a fireman. the fireman must be able to carry 165 pounds down a 20 foot ladder. if the fireman is unable to carry this load, then the fireman is not entitled to the job or to a 'reasonable accomodation' such as 'driving the fire truck. the key is your husband's doctor stating in wriing that your husband can do the work and then your husband doing the work. please let us know if we can help. ed dimon, esq.... Read More

As with all employment questions, the nature of your employment and the reason for the suspension are of great importance.  If you have a collective bargaining agreement, a Union, or personal contract with your employer, the terms of your employment will be spelled out in these documents.  This includes what may constitute grounds for punishments such as suspensions.  An employer is bound by the terms of these contracts, and there may be legal actions that can be taken if they are breached. There are also situations where you do not have a contract, but there is an employee manual.    Courts have held that employers are bound by the manuals they give out to employees in certain situations.  Just as with a contract, legal action can be taken if the rules in a manual are violated. Lastly, if there is no form of contract or manual, you will be considered an employee at will.  This means that the employer can hire, fire, or take any other action against an employee without cause or stating a reason.  The only legal action that can be taken in this case is when the action taken is a pretext to hide a true motive of discrimination or to punish lawful an otherwise lawful, which would violate both federal and state law.  Since you have an appeals process, I suspect you have some form of manual or contract which lays out the grounds for your rights and your appeal.  These would have to be discovered, examined, and compared to the facts of each suspension to determine if legal action is the best course. Should you have any other questions or concerns, my firm has attorneys who also focus on civil, criminal, family, municipal, elder, commercial, and real estate law.  Visit our website anytime at www.cldds.com for more information on how to contact us.    ... Read More