Posts Categorized: Employee Rights

Can My Friends Get Me Fired? What about a Case of Mistaken Identity?

Can I Sue For Discrimination Based on My Association With Someone Else?  What About Based on My Employer’s Mistaken Perception About Me? I’ve often emphasized that the New Jersey Law Against Discrimination (the “LAD”)  is a remedial law, aimed at eradicating workplace bias.  With that lofty goal in mind, our courts have extended the LAD’s… Read more »

What Classifies as an Adverse Employment Action?

Adverse Employment Action New Jersey Law

Last updated Oct. 30, 2017. To prevail in a workplace discrimination or whistleblower suit, you must show that your employer took action against you due to unlawful bias and/or retaliation. However, courts don’t consider any and every employer action to be serious enough to support a claim. Rather, the law requires that workers prove they… Read more »

Can My Boss Fire Me For Talking Politics At Work?

In today’s America, it seems there’s no escaping politics.  Partisan headlines stream constantly on cable news outlets and internet news sites.  Scroll through your social media feed, and it’s likely you’ll encounter political posts from your network of friends.  Even entertainment has turned political, with TV shows and movies tackling hot-button issues. Given the foregoing,… Read more »

7 Rules for Surviving Your Employment Claim Deposition

Some employment claims are settled with employers without resorting to a lawsuit.  The rest are litigated through the judicial system, beginning with an attorney filing a formal complaint in court on behalf of the employee.  If the claim proceeds far enough without settling, it is almost a guarantee that the employee will be deposed as… Read more »

Time Off Work for Religious Observances: What is Reasonable and What is Undue Hardship?

Religious Reasons Days Off Work Employer Deny

Last updated Oct. 30, 2017. What do observant Orthodox Jews, Seventh-Day-Adventist Christians, and Muslims have in common? (And no, this is not the set-up for a punchline). If they work for a living, then the answer is that — absent special circumstances — they often need to ask their employers for time off to observe… Read more »

I Signed What?: What Happens When Your Employment Lawsuit Is Subject to An Arbitration Clause

I have been representing employees in discrimination, retaliation and whistle-blower claims against employers for nearly two decades now.  On several occasions, clients who steeled themselves to take the fight to court were astonished to learn that they had no lawsuit because they had unwittingly waived their right to trial.  In other words, they had signed… Read more »

5 Things Every Whistleblower Should Do

whistleblower retaliation lawyer morristown NJ

Last updated Sept. 29, 2017. The New Jersey Conscientious Protection Act (CEPA) protects workers who complain about or report unlawful conduct on the part of their employers from retaliatory actions like firing or demotion. However, no law confers unlimited protection, CEPA included. So-called “whistleblower” employees should still make sure to complain and report to their employers… Read more »

Can My Employer Discriminate Against Me Because I’m Separated or Divorced?

The New Jersey Law Against Discrimination (the “LAD”) has long prohibited employers from discriminating against workers based on their “marital status” as “single” or “married” individuals. But what does that mean for workers who are separated or divorced? The New Jersey Supreme Court recently answered that question in the case of Smith v. Millville Rescue… Read more »

Who’s The Boss? Can Companies Be Sued For Wage and Hour Violations Even If They Don’t Actually Pay Workers?

As of June 2016, a New Jersey Uber driver has filed a class action in federal court, claiming the ride-service company owes its New Jersey drivers for overtime and vehicle costs.  The lawsuit is undoubtedly prompted by Uber’s April 2016 multi-million dollar settlement of claims filed by California and Massachusetts drivers on similar grounds. The… Read more »

Can I Sue My Employer for Outsourcing My Job under Federal or New Jersey Anti-Discrimination Laws?

Job Outsourced NJ Employment Law Attorneys

Last updated Oct. 30, 2017. The last few years have been big for H1-B and H2-B visas. In the fall of 2015, 27 former Disney IT employees filed complaints with the EEOC, claiming that their termination and replacement with H1-B visa workers amounted to illegal discrimination. The issue of employers displacing American workers with foreign… Read more »