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November 2016 Archives

Fighting Sexual Harassment: In 2016, Popular Fox News Host Megyn Kelly Finally Stood Up to Her Powerful But Harassing Boss

Megyn Kelly initially kept quiet when Gretchen Carlson’s sexual harassment allegations against former Fox News CEO Roger Ailes emerged. It had been a decade since Kelly herself suffered  from Ailes’s sexually harassing behavior, which only ended when Kelly made her refusal as clear as day and complained to anyone at Fox who would listen to

“In Our NJ Divorce, I Get Half of Everything. Right???”

Identifying jointly acquired marital assets and debts, valuing them, and distributing them are part and parcel of almost every New Jersey divorce, including for people of modest means. New Jersey is an equitable distribution state, meaning that the couple’s assets are distributed in a way that is fair, yet not necessarily equal. In some states,

Does Your Boss Have the Right to Know You Suffer From Mental Illness?

When an employer is seeking the most suitable candidate for a job, they are allowed to probe for detailed information regarding a prospective employee’s professional qualifications for the job. However, the law restricts that probing to professional matters, and even prohibits questions regarding certain personal matters, such as health. Mental health is a controversial topic

Don’t Wait Another Day to Hire a Divorce Attorney? Here’s Why!

Divorce can present a high financial and emotional toll. Sometimes, a husband or wife has spent months or years planning to file for divorce, and the other spouse has been in the dark. This scenario gives the “early exiting” spouse the advantage of time – not just emotionally, but also in terms of appropriate divorce planning:

Implicit Bias in the Workplace: What is it? What Should Employers Do About It?

Employment laws protect all workers from bias. Unfortunately, studies indicate that we humans practice implicit or unconscious bias often, even those of us who believe it is wrong. Implicit bias takes more than 150 forms, and can manifest itself in myriad ways, creeping into the foundations of every social and professional environment. Implicit bias in

“In NJ, do we have to wait until the end of our divorce case to evaluate and distribute our retirement assets?”

In New Jersey, a divorcing couple is required to divide their jointly acquired marital assets and debts, and, for the most part, to divide them evenly. This includes assets —such as pension plans and 401k’s that one or both of the parties will receive upon retirement or the other party’s death. New Jersey is an

Retaliation Against Wells Fargo Whistleblowers: What’s Your Next Move?

When an employee speaks out against unethical or illegal practices in their workplace, or threatens to, an employer may feel tempted to retaliate against that employee by firing, disciplining them short of firing, or denying them deserved promotions or pay increases.  Such retaliation is illegal under federal and New Jersey law.  It also may violate

Putting Off the NJ Separation and Divorce Can Sometimes Hurt You

In an ideal world, a couple deciding to separate and divorce could work together to amicably and harmoniously achieve their social and financial goals. Unfortunately, that is not always possible. For most couples, even in a less than ideal situation, there are some things they can do to increase the chances of an uncontested divorce.

NJ Supreme Court Upholds Jury’s Big League Damages Award for Two Former Employees and Instructs Trial Judges on Proper Review Standards for Large Verdicts

In a major employment law development in the fall of 2016, the New Jersey Supreme Court reversed a longstanding precedent and stated that trial judges shall no longer reduce a jury’s verdict for pain and suffering damages, absent unusual circumstances. Cuevas vs. Wentworth Property Management (2016). Here are the essential facts.  Two brothers, Jeffrey and

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