I’ve Almost Used Up My 12 Weeks of FMLA Leave. If I Ask My Employer For More Leave, Do I Risk Getting Fired

Illness happens to nearly all of us – or to our spouses, children, or parents – over the course of our working lives. Further, some conditions like cancer, heart disease and depression are recurring and necessitate a series of temporary medical leaves. Fortunately, the federal Family and Medical Leave Act (the “FMLA”) requires businesses that… Read more »

Supreme Court Safeguards the Religious Freedom of Employees in Failure-to-Hire Case

While the 2015 Supreme Court term saw a lot of dissension and split decisions, the high court ruled definitively, 8-1, in favor of job applicants seeking protection from religious discrimination in employment under federal law. Specifically, in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., the Court ruled that, to prove discrimination under… Read more »

Is My Employment Case Settlement Taxable? Some Considerations for the Layperson.

So you’ve finally settled your employment lawsuit – what a relief! Now you don’t have to concern yourself with the strength of your case, the pace at which it is proceeding, or whether or not it will resolve without a trial. You do, unfortunately, have to concern yourself with the tax implications of your settlement…. Read more »

Workers’ Compensation Retaliation: Legal Remedies in New York and New Jersey

Both New York and New Jersey workers who suffer a workplace injury, or contract an illness as a result of work, are entitled to workers’ compensation through their employers. As a practical matter, this typically means that a worker reports his or her workplace injury/illness to the employer within a prescribed time period (usually within… Read more »

How Much Time Do I Have To File My Employment Claim?

Like all legal claims, claims against your employer are time-barred, or prohibited, beyond a certain amount of time that is set by statute (commonly referred to as the “statute of limitations”). This raises a couple of very important questions: First, how long is the statute of limitations for employment claims? Or in other words, how… Read more »

Can My Employer Retaliate Against Me After I Am No Longer Employed By The Company?

The New Jersey Supreme Court has held that an employer’s actions after terminating an employee may serve as the basis of a claim under the Law Against Discrimination (“LAD”). In Roa v. Laffe, the plaintiffs were a husband and wife, Fernando and Liliana Roa, who both worked for the same company. The Roas claimed that… Read more »

Zatuchni & associates recovers $275,000 for school teacher wrongful termination claim

Zatuchni & Associates recently negotiated a $275,000 settlement of a school teacher’s wrongful termination claim based on her free speech rights. The teacher, who was a Union President, was fired from her school district after filing grievances and unfair labor practice charges against the School Principal. The School District maintained that the teacher was terminated due to an economic reduction in force. The settlement was reached after an extensive settlement conference held by the assignment judge of the Superior Court of New Jersey.

How Long Will This Take? Your Employment Discrimination Lawsuit, Step-by-Step

When consulting with potential clients, one question always arises: If I sue my employer, how long will it take before I see a resolution of my claim? It’s a very good question, but unfortunately, there’s no hard-and-fast answer, since the pace of any lawsuit depends on the underlying circumstances. For example, some suits settle relatively… Read more »