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Employee Rights Archives

Employer Could Be Held Civilly Liable for Employee’s Murder by Supervisor

It’s the worst case scenario for anyone who’s been harassed at work. The harassing supervisor not only makes your work life miserable but invades your personal life and becomes violent. A federal appeals court has held that an employer may be held responsible for the murder of an employee by a harassing supervisor, even when

Third Circuit to NJ Employees: Some Non-Compete Agreements Will Come Back to Bite You

After six years of service, Jordan Lynch and John Halpin decided to leave their sales positions at ADP and go to work for a direct competitor, Ultimate Software Group. ADP sued the former salesmen for soliciting current and prospective customers. ADP asked the federal court to enforce the non-compete agreement that Lynch and Halpin accepted

NJ Appeals Court Voids Jury Trial Waiver and $2MM Counsel Fees/Costs Award in Whistleblower Suit

New Jersey public policy is undergoing a period of significant retrenchment on employer-employee contract interpretation, producing seismic effects in day-to-day negotiation, litigation, and arbitration of employment law cases in our State. You may recall our blog post dated October 11, 2016, regarding the New Jersey appellate courts’ insistence that, for employers to enforce contract provisions,

N.J. Supreme Court to Whistleblowing State Trooper: Keep $500K of Jury’s Damages Award

The NJ Supreme Court has reinstated a partial jury verdict awarding a State Police sergeant half a million dollars over claims the statewide police force discriminated against him. The Justices’ action ends over 10 years of litigation for veteran trooper Brian Royster, who filed claims of civil rights violations and whistleblower retaliation against the NJ

NJ Appeals Court Says Muslim Corrections Officer Who Refused to Remove Her Religious Head Scarf Was Properly Dismissed

In a case of first impression in our state, a New Jersey appeals court has upheld a Muslim correctional officer’s dismissal for refusal to remove her religious head scarf at work. Tisby v. Camden County Correctional Facility, N.J. Appellate Division, 2016. The Appellate Division upheld the trial court’s entry of summary judgment, dismissing the county

Six Surprising Reasons Your NJ Employer Lawfully May Fire You

Everyone knows it is illegal to fire an employee for a reason that is protected by the federal Civil Rights Act of 1964, the NJ Law Against Discrimination, and all protected categories that have been added since. However, some employees may not be aware that there are certain types of discrimination that are still legal

Spotlight on NJ: Immigrant and Minority Temp Workers Face Serious Abuse

Many immigrants leave impoverished and war-torn countries to seek a better life here in the U.S., the land of opportunity. In recent years, however, industries seeking a workforce willing and able to fill blue-collar, low paying positions in factories and warehouses, have filled vacancies with immigrant and illegal workers who can’t afford to make demands.

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

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

Corn Rows, Afros, and Dreadlocks — Is There a NJ Right to Wear One’s Natural Ethnic Hair to Work?

An African American employment lawyer is rocking workplace dress code protocols with a new book on the subject of natural hair in the workplace. Los Angeles based Tracy Sanders, Esq., is speaking up for men and women with ethnic hair, while also embracing Title VII of the U.S. Civil Rights Act of 1964. In her

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