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New Jersey Employment Legal Questions

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376 legal questions have been posted about labor and employment by real users in New Jersey. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include whistleblower litigation, wage and hour law, and occupational safety and health (osha). All topics and other states can be accessed in the dropdowns below.
New Jersey Employment Questions & Legal Answers - Page 3
Do you have any New Jersey Employment questions page 3 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 376 previously answered New Jersey Employment questions.
Labor and Employment
New Jersey

Recent Legal Answers

What are my rights as a worker? Can I collect unemployment?

Answered 7 years and 4 months ago by Christopher W. Hager (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
Unemployment will decide if you'll be awarded benefits, but you should definitely apply and then explain your circumstances. It sounds like a constructive discharge rather than a resignation. Good luck.
Unemployment will decide if you'll be awarded benefits, but you should definitely apply and then explain your circumstances. It sounds like a... Read More

2 supervisors were told that our rate was lower due to our discipline but another sup of some discipline got the same as others. Is this legal

Answered 7 years and 4 months ago by Christopher W. Hager (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
Discrimination generally occurs when one protected group is treated less favorably than another similarly situated group. Protections from discrimination range from age, disability, race, sex, and so on. Your question raises equal pay issues, but it's not clear if there's a disparity in pay because one protected group is being treated better or worse than another. The question also suggests all supervisors are being paid the same, so the likelihood of discrimination, or having case, is unlikely.... Read More
Discrimination generally occurs when one protected group is treated less favorably than another similarly situated group. Protections from... Read More

Is it legal to make you come into work early without pay even if you're not technically working yet, just preparing?

Answered 7 years and 6 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
I would work with the employer and avoid the 'stigma' of being a 'bad apple'. We have seen employees be 'boycotted' for this type of behavior. Please call if you have any questions. Ed Dimon, Esq. 732-797-1600
I would work with the employer and avoid the 'stigma' of being a 'bad apple'. We have seen employees be 'boycotted' for this type of behavior. Please... Read More

My husband was alleged to be stealing from his job and he was using opioids at the time with the union. The company knows he under the influence fired

Answered 7 years and 7 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
You should work closely with the attorney for the union so that you can save on legal costs. What did the complaint allege ? How was complaint resolved ? Does he want position back ? Please call to discuss. Ed Dimon, Esq. 732-797-1600
You should work closely with the attorney for the union so that you can save on legal costs. What did the complaint allege ? How was complaint... Read More

do i have to pay our balance when there's no receipt they showed on us?

Answered 7 years and 7 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
I would work with the employer and keep obtaining evidence in the process. What was the replacement cost of the phone ? is this the market price ? keep good written records. You will then be able to determine if the actions taken and the costs were appropriate. Ed Dimon, Esq. 732-797-1600
I would work with the employer and keep obtaining evidence in the process. What was the replacement cost of the phone ? is this the market price ?... Read More

Fast food Burger King

Answered 7 years and 8 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
Yes. The employer must pay you appropriately for the time, including overtime. Ed Dimon, Esq. 732-797-1600
Yes. The employer must pay you appropriately for the time, including overtime. Ed Dimon, Esq. 732-797-1600

I work for the USPS and have an fmla case pending can my postmaster require me to give them a doctors note

Answered 7 years and 10 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
Employer can have doctor eXamine you and provide report. Ed Dimon
Employer can have doctor eXamine you and provide report. Ed Dimon

I was told I could not work today

Answered 7 years and 11 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
You should put in writing all that happened and provide to your employer. If there were other people present, please add their written statements. You can then ask for a hearing with your employer. The key is the evidence. We can help if needed. Ed Dimon, Esq. 732-797-1600
You should put in writing all that happened and provide to your employer. If there were other people present, please add their written statements.... Read More

How can I find a labour lawyer?

Answered 8 years and 2 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
We would need to know the details of your employment and your termination. How long were you at the company ? why were you terminated ? did other employees in the same circumstance get a severance payment ? Please call to discuss. Ed Dimon, Esq. 732-797-1600
We would need to know the details of your employment and your termination. How long were you at the company ? why were you terminated ? did other... Read More

If I missed work Due to my child’s illness but always provided the hospital or doctors note can I be fired for my absence?

Answered 8 years and 2 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
The key to answering your question is the detail: how many days did you miss work ? did you always give advance notice ? what is your position/responsibility at the company ? For example, if there are a large number of days and your presence is crucial to the opersation, then the employer may have the right to terminate your employment. Please call to discuss. Ed Dimon, Esq. 732-797-1600... Read More
The key to answering your question is the detail: how many days did you miss work ? did you always give advance notice ? what is your... Read More

Do I have a case?

Answered 8 years and 4 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
The key to the answer is whether you are an 'exempt employee' or an 'independent contractor'. For example, IT repair personnel are ' exempt employees' who are paid a flat fee no matter how many hours are worked. Many employers are claiming that their employees are 'exempt' from hourly wage requirements. In addition, you are classified as a 1099 independent contractor. This is another method to avoid hourly wage requirements. See Uber drivers. Will the other workers join with you in paying for a legal action against the employer ? Ed Dimon, Esq. 732-797-1600... Read More
The key to the answer is whether you are an 'exempt employee' or an 'independent contractor'. For example, IT repair personnel are ' exempt... Read More

I am a CFO/Tax Collector of a NJ town facing a hostile work environment, and may need legal counsel

Answered 8 years and 5 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
These are difficult cases to prove and they are expensive to litigate. We have done two public employee cases and are doing multiple private employee cases at present. I would like to discuss your case with you. Please call. Ed Dimon, Esq. 732-797-1600
These are difficult cases to prove and they are expensive to litigate. We have done two public employee cases and are doing multiple private employee... Read More

Does my employer have to keep my drug test screening confidential?

Answered 8 years and 5 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
I would get an immediate hair follicle test from a reputable lab as well as a standard test and submit both tests to your employer. The hair follicle test looks backward for drug use. Ed Dimon, Esq
I would get an immediate hair follicle test from a reputable lab as well as a standard test and submit both tests to your employer. The hair follicle... Read More

A potential employer used discrimination to taint an interview I was in. I did not get the job though I was qualified and experienced. What to do?

Answered 8 years and 5 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
The question made assumptions that a male cannot be as understanding and communicative as a female. An incorrect assumption. I would reach out to the potential employer and explain to them that you are an excellent communicator and are an understanding and compassionate person. I would do this in writing and verbally. I would not get into the male/female discussion. You are not going to change their minds. Ed Dimon, Esq... Read More
The question made assumptions that a male cannot be as understanding and communicative as a female. An incorrect assumption. I would reach out to the... Read More

time for training

Answered 8 years and 5 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
The key to answering the question properly is understanding the agreed upon training between you and the employer. The normal situation is that there is an agreed upon compensation for the training period. Is this a national chain ? They would have a written policy. You should be compensated even if it has to be at a reduced rate. Ed Dimon, Esq. ... Read More
The key to answering the question properly is understanding the agreed upon training between you and the employer. The normal situation is that there... Read More

Can an employeer force you to quit taking a medicine to return to work because you opperate a vehicle, when the prescription says I can drive

Answered 8 years and 6 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
The devil is in the details. What are your job responsibilities ? Wat drugs are you taking and how owuld they impact your job performance ? if you are driving an 80,000 pound truck and you are taking medication which may impact your abilty to react, then the employer can so you cannot take those drugs. Ed Dimon, Esq. ... Read More
The devil is in the details. What are your job responsibilities ? Wat drugs are you taking and how owuld they impact your job performance ? if you... Read More

Are there legal restrictions on borrowing/lending money to fund employer-provided stock/financial benefits?

Answered 8 years and 6 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
You should read the stock offering document carefully. The agreement normally provides a restricted period where you cannot sell the stock within a certain period after purchase. Ed Dimon, Esq. 732-797-1600
You should read the stock offering document carefully. The agreement normally provides a restricted period where you cannot sell the stock within a... Read More

I'm owed money, i worked under the table, i have proof. It has been 2 months what do i do?

Answered 8 years and 7 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
The working under the table presents issues we using the court system to collect the monies owed. The courts will not help you. In addition, NJ will not help you because you have violated their laws. Ed Dimon, Esq.
The working under the table presents issues we using the court system to collect the monies owed. The courts will not help you. In addition, NJ will... Read More

if you go from full time to part time and back to full time, can the company start your vacation time as a new employee?

Answered 8 years and 7 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
I would work with Human Resources to see if you can compromise on the vacation time. If you stopped being a full time employee and the employment agreement requires that you be full time, you may not be in a good position. Hence, the compromise. Ed Dimon
I would work with Human Resources to see if you can compromise on the vacation time. If you stopped being a full time employee and the employment... Read More

Why does the employer stay with your prevailing wage pay

Answered 8 years and 7 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
I would need to review the contract to determine what is allowed or not allowed. I would need to know the exact circumstances. Please call. Ed Dimon, Esq. 732-797-1600
I would need to review the contract to determine what is allowed or not allowed. I would need to know the exact circumstances. Please call. Ed Dimon,... Read More

How often can my employer make me be on call? And, do they have to pay me for my on call time?

Answered 8 years and 8 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
The employer can make you an exempt employee so that the rules do not apply to you. This happens often in the computer repair business. Ed Dimon 
The employer can make you an exempt employee so that the rules do not apply to you. This happens often in the computer repair business. Ed Dimon 

My branch manager yesterday call me nasty ,and today my risky manager accuse me to be a complicity of car theft in the company what can I do

Answered 8 years and 8 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
You need to make a written record at the company of the exact allegations against you and your response thereto. We can help you with the defense. Please call. Ed Dimon 732-797-1600
You need to make a written record at the company of the exact allegations against you and your response thereto. We can help you with the defense.... Read More

Unemployeement benefit

Answered 8 years and 9 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
The cost is too great for an attorney. Your husband should represent himself and make a detailed wriiten record before the hearing. Ed Dimon
The cost is too great for an attorney. Your husband should represent himself and make a detailed wriiten record before the hearing. Ed Dimon

Hello. I was put on disability today while am still employed. On the 30th am suppose to get laid off. Does my employer technally still have to cover

Answered 8 years and 9 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
The key for health benefits is that the employer must offer you COBRA whereby you pay for the health insurance after the termination of your employment. The question as to why you were laid off is important. Was the lay off based upon whether the doctor opined that you could return to work and do your job without any accomodations. The best example is a fireman. The fireman must be able to carry 165 pounds up a 20 foot ladder. if the fireman cannot do this task, then the position can be filled with someone who can. Ed Dimon... Read More
The key for health benefits is that the employer must offer you COBRA whereby you pay for the health insurance after the termination of your... Read More

We short staff at work, i do 12 to 13 hours days in 5 days can my job mandatory me to do 6 days every week

Answered 8 years and 9 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
The answer is fact specific. For example, prison guards and air traffic controllers and IT repair techicians and nurses at care centers work continuous shifts if replacememt does not come to work. The employees must be paid for this additional work. What is your circumstance ? Are you being paid ? Ed Dimon... Read More
The answer is fact specific. For example, prison guards and air traffic controllers and IT repair techicians and nurses at care centers work... Read More
Labor and Employment
New Jersey

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