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Employment Law Archives

“Can I Sue My Employer if it Made a Mistake Concerning My FMLA Rights?”

The Family Medical Leave Act (FMLA) allows employees the right to take off up to 12 weeks (all at one time or intermittently) due to medical issues, birth or adoption for the employee or immediate family members. A federal appeals court recently ruled simply because an employer made a mistake after firing a worker due

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

Men Interrupting Women in the Workplace: Can it Lead to Legal Claims?

Women in the workplace face many gender-related challenges, including pay inequality, glass ceilings, and maternity/childcare conflicts. A recent article from Forbes highlights yet another issue for female workers: interruptions by male co-workers. While the article focuses on business culture rather than legal claims, we believe such a culture might present legal pitfalls for both employees

Trump Tweets Suggest Better Practices for Employees’ Social Media Use

President Trump’s bumpy road to the Oval Office will be remembered for many things, but restraint of tweet and tongue will not be among them. Mr. Trump’s in-your-face social media updates have won him support among voters sick of politics as usual, and he has continued these tactics well past Inauguration Day.  Among other things,

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

May a NJ Employer Lawfully Fire an Employee During or Shortly After a Family or Medical Leave?

Federal and New Jersey laws protect workers’ job rights when they take family or medical leave. The Family and Medical Leave Act (federal) and Family Leave Act (NJ) state that employees in the public or private sectors may take up to 12 weeks of unpaid leave per year for a number of reasons, including the

Dealing with a Self-Representing Whistleblower: How Companies Can Move from Bad to Worse

An employee who draws attention to an illegal or unethical practice within their place of employment is known as a “whistleblower”. According to employment law statutes and cases, including New Jersey’s, an employer is prohibited from firing, demoting, or otherwise retaliating against an employee for actual or threatened whistleblowing activities, as long as the worker’s

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