New Jersey Employment Legal Questions

you must document in writing with your employer all that has occurred. you must give written notice to your employer of your complaints. it would be beneficial to have supporting witnesses. the employer must be given the opportunity to address the issues. in the meantime, you must be the perfect employee. if you make a mistake, you will be terminated. ed dimon, esq.... Read More

the key to succes is documentation from your doctor stating that you can do the work required and setting forth the 'reasonable accomodation' as reasonable. for example, if you can do the work but need wednesday afternoon for treatment, you can come in one hour early each day and work one hour later each day for the missing afternoon. ed dimon, esq.... Read More

Are you in GA. If not, you need to resubmit your question and include what state. I ask because I have never heard of the "female law" There are no wrongful termination suits in GA, based on GA law. Yes, in GA, an employer may fire you for this, or for anything, so long as they are not motivated by Race, Age, Sex, National Origin, Religion, Handicap Georgia recognizes the doctrine of employment at will. Employment at will means that in the absence of a written contract of employment for a defined duration, an employer can terminate an employee for good cause, bad cause, a mistaken cause, or no cause at all, so long as it is not an illegal cause. Illegal causes are limited in Georgia to the EEOC/Discrimination grounds: Race, Age, Sex,National Origin, Religion, Handicap If it is not on that list, it is not protected in GA. For more information: http://sos.georgia.gov/firststop/georgia_employers.htm Otherwise, unless you can claim one of these few protected grounds, "absences due to illness" would be one of these: good cause, bad cause, a mistaken cause, or no cause at all You may be eligible for unemployment compensation payments.... Read More

your case would be stronger if you have an employment contract setting forth the terms and conditions of employment. for example, if one were hired to drive a truck and two months later one is loading and unloading the truck when the loading/unloading was not an original job requirement.  the key is written documentation.  do you have either a contract or the written job description ? ed dimon, esq.... Read More

the employer has no obligation to keep the position open if the employee cannot do the job. for example, a fireman must be able to carry a 165 pound person down the fire ladder. if the fireman cannot carry this person, the fireman does not have to be offered an alternative position.  the employer must make a 'reasonable accomodation' if this will allow the employee to do the job. for example, allow the employee to receive chemotherapy treatments on wednesday afternoons if employee can otherwise do the job and will work additional hours for the missed time om wednesday. ed dimon, esq.... Read More

the employer has broad discretion to determine if an emplyee can or cannot work with a walking boot. the doctor would have to provide a writen medical opinion that you can do the exact work required by your employer. the key is the doctor's report and the specifics of what you can do. ed dimon, esq.... Read More

to be safe, i would ask the JAG lawyers for your husband's branch of service. they would be most knowledgeable. you could also ask the 'department of veterans services. i will ask our contact in veterans affairs if there are regulations which benefit you. i would explain your situation to the school in person and in writing. i would support your position with doctor's reports. i would request an 'accomodation'. i do not believe there are legal grounds which require the school to keep you in the present building.  ed dimon, esq.... Read More

i would use the union attorney to represent you. you would save money. the attorney would be familiar with the employer. i would make sure that i spoke with the doctor and had an 'iron clad' note and explanation in writing from the doctor stating specifically why you could not return to work. the case will be won or lost on the doctor's written statement. if no union attorney, let us know if we can help. ed dimon, esq.... Read More

the key is having written documentation in your personnel file which supports your position or which disagrees with a particular finding by the employer. this puts the employer on notice that you disagree with a 'fact finding' by the employer, for example, that you have issues with attendance.  ed dimon, esq.... Read More

the funds in your 401 [k] belong to you. these ae pre-tax monies. you can take these monies for your own use but you must pay the required taxes and a possible penalty depending upon yoir age.  you are stating that the employer sent you [in error] the matching funds. i am not sure what you mean. if the employer matched your contributions up to a certain percentage, the funds are yours. i need more details. if the money were wrongfully sent you by the employer, you need to give the employer immediate written notice of their error.  please explain that the funds [which you believed were your funds] were spent on 'sandy' repairs.  ed dimon, esq.... Read More

please make sure that you keep all your records and that you document in writing to your employer and the insurance company all that has occurred and your concerns. you must give the employer and the insurance company written notice of the issues and allow the employer/insurance company time to respond. for example, ask the employer in writing why your salary is being held. document each call: name of person with whom you spoke, what was discussed, etc.  if you have problems, please call. ed dimon, esq. 732-797-1600... Read More