Disciplining Employees Based On Religious Views of Homosexuality May Be Actionable

A recent Eighth Circuit decision indicates that employers that give employees negative reviews for opposing homosexuality on religious grounds may be held liable for discrimination. In Phillips v. Collings, 86 FEP Cases 411 (8th Cir. 2001), a supervisor had previously given the plaintiff social worker adequate or good evaluations. However, after the social worker told… Read more »

New Jersey Supreme Court Rules That “Watchdog” Employees Can Be Protected As Whistleblowers

In 2014, we posted on this blog about a legal question that had yet to be definitively resolved in New Jersey: namely, whether whistleblowing employees are protected under the Conscientious Employee Protection Act (“CEPA”) when their job duties require them to monitor and report on the legality of their employer’s conduct. These “watchdog” employees include… Read more »

FMLA More Than 12 Weeks? Here’s What to Know

Last updated April 21, 2017. 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… 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 »

NJLAD Statute of Limitations: When to File Your Employment Claim

Last updated April 21, 2017. Like all legal claims, claims in New Jersey 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… 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 »