New Jersey’s Employment Law Landscape Heading into 2020
As we begin the last quarter of 2019, it is worthwhile to look back and review the significant changes that have affected New Jersey’s employment law landscape in the last several months. Some changes were made by the courts and some by the legislature: All will make a difference in...
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Toeless Man Files Wrongful Termination Lawsuit After New Jersey-Based Employer Removes Disability Accommodation
In the state of New Jersey and around the country, laws against discrimination require employers to make reasonable accommodations for people’s disabilities. The laws also provide workers the ability to file a discrimination lawsuit when those accommodations aren’t made. An immigrant to the United States recently filed one of these...
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New Jersey Farm Company Accused of Racial and Gender Discrimination
A black woman has filed a workplace discrimination lawsuit against her former employer, an indoor vertical farming company, accusing them of subjecting her to poor and unequal treatment on the basis of her gender and race. Ada Vanessa Bradley’s lawsuit against Just Greens, which does business as AeroFarms, was filed...
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University of Pennsylvania Police Officer Prevails in Appeal Over Shaving His Beard
It’s been more than a year since University of Pennsylvania police officer Joseph Lewis lost his lawsuit against the school, but fortunately that was not the end of his story. The case centered on a requirement imposed by the university’s police department that its officers all be clean shaven. Mr....
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New Law Provides Added Protections for New Jersey Medical Marijuana Users
In January of 2010, the New Jersey Compassionate Use Medical Marijuana Act was passed, officially decriminalizing the use of medical marijuana in the state. Though the law provided important protections for seriously ill state residents whose doctors had recommended the use of medical marijuana, it also clearly carved out a...
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Two New Jersey Restaurants Pay the Price for Sexual Harassment
Two different New Jersey restaurants have settled with former employees after each found themselves accused of allowing sexual harassment in the workplace. Each agreed to pay the injured ex-employee $20,000, and each will introduce mandatory employee training programs designed to prevent harassment in the future. The two settlements were announced...
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Court Ruling Says NJLAD Protects Some Out-of-State Workers
New Jersey boasts some of the biggest companies in the world, spanning a wide range of industries and employing workers who live all around the country. Those out-of-state workers just got a big boost from New Jersey’s Appellate Division, which determined that, in certain circumstances, they are protected by the...
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Philadelphia Pregnancy Bias Lawsuit Moves Forward
In New Jersey and across the country, there is a growing recognition that discrimination in all its forms is unethical, and in many cases illegal. The New Jersey Law Against Discrimination protects citizens from a wide range of protected classes from being treated in a discriminatory or harassing way, allowing...
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Lawsuit Accuses NJ Police Academy Instructor of “Endless” Sexual Harassment
A federal lawsuit has been filed against a New Jersey State Police Academy instructor by a former female recruit. Her claim cites “endless sexual harassment and unwanted sexual advances” that were so pervasive that they forced her to leave the academy and robbed her of her lifelong dream of becoming...
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Hostile Work Environment Lawsuit Filed Following Sexual Orientation Comment
A New Jersey healthcare billing company has been charged by the New Jersey Division on Civil Rights with creating a hostile work environment after one of its employees was subjected to a comment about her sexual orientation and then fired for complaining about it. Metropolitan Healthcare Billing of Eatontown is...
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“Borgata Babes” To Have Their Day in Court Over Sexual Discrimination Claim
More than a decade after filing a sexual discrimination lawsuit against their employer, five Borgata cocktail waitresses will finally have their case heard. This follows a decision by a New Jersey appeals court. The women, known as “Borgata Babes”, were part of a larger group who had claimed they’d been...
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Age Discrimination Lawsuit Against GNC
Despite an aggressive appeal and a motion for a new trial, the U.S. Court of Appeals for the Third Circuit has ruled in favor of a 57-year-old former GNC store manager who sued the vitamin company for illegally firing him because of his age. Santos Andujar was originally awarded $124,000...
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New Jersey Clerk Names Multiple County Employees in Discrimination Lawsuit
A senior probate clerk for the Cumberland County, New Jersey Surrogate’s Office has filed an explosive nine-count lawsuit alleging discrimination based upon disability in violation of the New Jersey Law Against Discrimination, as well as other charges. Constance M. Stiles’ lawsuit details numerous indignities and humiliations to which she was...
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New Jersey Poised to Pass Progressive New Law Preventing Victim Silencing
New Jersey has long been known for its progressive stance against discrimination of all kinds. The New Jersey Law Against Discrimination (NJLAD) has set an example for the nation in providing protections for victims of harassment and discrimination in all phases of life. Now the state is poised to adopt...
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New Jersey’s Proposed Non-Compete Laws Favor Employees
Non-compete contracts have become an increasingly concerning problem across the United States. Though traditionally viewed as unenforceable, overly rigorous language introduced in recent years has changed that perspective, attracting the attention of legislators who see the restrictions as punitive and who worry that they have the potential of blocking employees...
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Gender Pay Equity in New Jersey
Across the United States, women have historically been paid less than their male counterparts for performing the same exact work. By all estimates, that disparity has amounted to a roughly 80 percent shortfall for women, and that shortfall follows them throughout their careers: even as a woman advances, in each...
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Alan H. Schorr Scores Another Big Victory Against Mandatory Arbitration
On January 16, 2019, the New Jersey Appellate Division issued a published decision reversing a trial court order which had compelled a plaintiff to submit her case to binding arbitration. This was another big victory by Alan H. Schorr of Schorr & Associates, P.C. in his continuing fight to protect...
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UNEMPLOYMENT HEARING STATISTICS – YEAR END 2018
For the past six years we have been requesting statistics, via OPRA, from the Department of Labor in order to compare results from our firm with the overall averages of unemployment claimants filing appeals. For the sixth straight year, we are releasing the Department of Labor statistics along with our...
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New Jersey Passes Groundbreaking Paid Sick Leave Act
New Jersey’s recently passed Paid Sick Leave Act has gone into effect. The law requires employers to give both full and part-time workers up to 40 hours of paid sick leave that they can use for a variety of reasons, including: When they themselves are sick When a family member...
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New Jersey Appeals Court Refuses to Enforce Arbitration Clause
In recent days, arbitration clauses have become one of the most controversial aspects of employment agreements. Many of the scandals that have arisen during the time of MeToo have revolved around employees disregarding their nondisclosure clauses and arbitration and refusing to participate in a process that they believe puts them...
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Federal Appeals Court Decision Could Have Huge Impact on Employment Discrimination Law
Companies large and small have always used college campus recruiting as an effective way to meet and recruit motivated new talent. Now legal experts are arguing that the practice could invite charges of age discrimination if the U.S. Court of Appeals for the Seventh Circuit sides with Dale Kleber, an...
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New Jersey’s Governor Signs Worker-Friendly Bill into Law
New Jersey’s Governor Phil Murphy signed a law that will permit workers who are out on strike to collect unemployment benefits. The bill was first proposed in 2016, when 4,600 New Jersey citizens were among 40,000 Verizon employees who participated in a six-week strike over the company’s contract demands. At...
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Former NJ State Trooper Gets $1.4 Million in Whistleblower and Discrimination Settlement
It’s been 13 long years since Brian Royster first realized that his whistleblower activities had resulted in retaliation against him. He took his fight for justice to court, pursuing it all the way to the state’s Supreme Court. Now his discrimination case has been resolved with a settlement that sees...
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High Profile Sexual Harassment Cases May Represent a Legal Tipping Point
It seems as if every day there is another story of sexual harassment perpetrated by a celebrity or a politician. From the accounts about movie producer Harvey Weinstein and actor Kevin Spacey to political heavyweights like Senator Al Franken and Judge Roy Moore, stories that once remained hidden in the...
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New Jersey’s Diane B. Allen Equal Pay Act Leads the Country in Pay Equality Laws
New Jersey’s Law Against Discrimination (NJLAD) has long been praised as one of the nation’s strongest pieces of legislation when it comes to fighting workplace discrimination. Now a new law is taking NJLAD one step farther and has established the Garden State as the most progressive state in the country...
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New Jersey Detective Files Lawsuit Accusing Prosecutor’s Office of Discrimination
An 11-year veteran of the Hudson County Prosecutor’s Office has filed a workplace discrimination lawsuit against her superiors in federal court. She is accusing them of subjecting her to numerous acts of on-the-job discrimination that followed her having become a mother. Erin Burns Rubas is a detective and crime scene...
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Alan H. Schorr Named to NJ Super Lawyers For 2018 in Employment Litigation
In the most recent issue of New Jersey Monthly Magazine Alan Schorr is named a New Jersey Super Lawyer for 2018 under Employment Litigation-Plaintiff. Congratulations Alan!...
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Federal Appeals Court Makes Groundbreaking Employment Discrimination Decision
Though the state of New Jersey's Law Against Discrimination explicitly provides protection based on sexual orientation, the same is not true of federal law, and that has led to confusion, as well as to litigation. One recently-decided case involved a gay man who sued his employer for discriminating against him...
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Charges Against Steve Wynn and Others Highlight What Employment Discrimination Attorneys Have Long Known
The latest breaking news story about sexual harassment in the work place involves Steve Wynn, who has owned multiple casinos in Las Vegas, as well as in China, as well as a new casino opening in New England. Wynn has been accused of forcing employees to have sex, as well...
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New Jersey Enacts Law Barring Discrimination Against Breastfeeding Employees and Job Applicants
In one of his last acts as the governor of New Jersey, Chris Christie signed into law an amendment to the New Jersey Law Against Discrimination that adds breastfeeding employees to those protected against workplace discrimination. According to the amendment, not only will employers be required to provide breastfeeding employees...
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Serial Sexual Harassment Reported at Two Ford Motor Plant Locations
Ford is one of America’s most recognizable and respected companies, but according to an eye-opening report in The New York Times, two of the company’s Chicago plants are notorious for rampant sexual harassment: despite a $22 million settlement following an Equal Employment Opportunity Commission investigation and lawsuits in the 1990s,...
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Companies Accused of Using Facebook to Discriminate Against Older Workers
A class action lawsuit was recently filed in federal court in San Francisco on behalf of the Communications Workers of America and its members, as well as any and all Facebook users who are 40 years of age or older. The defendants? A long list of employers and employment agencies,...
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How Much is my Employment Law Case Worth?
Our firm usually handles discrimination or retaliation claims on a contingent basis. That means that there is no legal fee to a client unless and until a monetary recovery is made. The legal fee is based on a percentage of the final recovery. If the matter goes all the way...
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Gender Discrimination in All Types of Settings – And It’s Illegal in All of Them
In New Jersey and everywhere else in the United States, it is illegal to treat an employee differently based on their gender. It’s a requirement that policies and practices are the same for men as for women, and that includes issues of pay, promotion, and harassment in the workplace. Though...
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Uber Faces Legal Battle Over Overtime Pay
One of the biggest vulnerabilities that a worker faces is the possibility that their employer might classify them as an independent contractor instead of an employee. Though there are certainly advantages to being an independent contractor if that is the way a person wants to work, when a worker thinks...
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3 Protected Classes of the NJ Law Against Discrimination
New Jersey’s Law Against Discrimination provides compassionate statutory protections for members of many protected classes. These protections bar workplace discrimination in hiring and compensation, in terms of employment and retirement, and in firing. The goal is to ensure that all state residents have equal opportunities in employment regardless of race,...
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Supreme Court May Hear Groundbreaking Workplace Discrimination Case
When Jameka Evans went to work as a security guard at Georgia Regional Hospital in Savannah, she did not anticipate that being gay would be an issue. But she quickly learned she was wrong. During the 15 months that she worked there she says that she was harassed for being...
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Are Labor Law and Employment Law the Same Thing?
As an employee, you have certain rights, both within the workplace and having to do with your relationship with your employer. Those rights are set in place by federal, state and local laws. Though most people are aware of the existence of these laws and can sense or know outright...
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Noncompete Clauses Are a Growing Concern for Employees – Part II
The New York Times recently told the tale of a factory manager who’d signed a noncompete contract in 2007, only to find that the agreement effectively prohibited him from working in the only industry he’d ever known, anywhere else in the United States. The story is a remarkable example of...
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Noncompete Clauses Are a Growing Concern for Employees
This is part I of a story we are passionate about from the NY Times documenting the growing concern of workers and noncompete clauses. Have you ever been asked to sign a noncompete clause as part of an employment contract? Though these legal documents were once used exclusively to protect...
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Follow These Steps If You Are Denied Unemployment Benefits in NJ
New Jersey Unemployment compensation is a benefit meant to tide workers over when they’re out of work through no fault of their own, such as occurs in a layoff or when an employer shuts its doors. This money can be a financial lifeline that bridges the gap between jobs. If...
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New Jersey Appellate Court Hands Workers a Win in Unemployment Benefits Case
Over the last several years, the New Jersey Department of Labor and Workforce Development has taken a number of steps attempting to introduce new language to the laws surrounding unemployment benefits. Many of these have been viewed as unnecessarily harsh, and the department has been accused of purposely limiting terminated...
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How to File a Workplace Discrimination Case in NJ
The State of New Jersey has one of the most robust anti-discrimination laws in the entire country. The New Jersey Law Against Discrimination (NJLAD) offers protection against termination, harassment, and unfair hiring or employment practices to individuals in many diverse classifications, including but not limited to race, age, gender, disability,...
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Jury Hits Walmart with $5.5 M Penalty for Retaliating Against Employee Complaint
Federal law prohibits employers from discriminating on the basis of race, age, gender, sexual orientation, and more. But the laws go beyond simply saying that this type of discrimination can’t take place: it also creates a remedy for those who complain about discrimination and are then punished for doing so....
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New Jersey Town Settles Sex Discrimination Lawsuit with Female Police Officer
A female police officer who was terminated in April of 2014 has accepted a $1.2 million settlement offer by the City of Passaic, New Jersey. The offer came during the third week of Odalys Rastatter’s civil trial in Superior Court in Paterson in which she charged sexual discrimination and retaliatory...
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Hilton Hotel Chain Facing Discrimination Charge in New Jersey
The Attorney General for the state of New Jersey has filed a sex discrimination lawsuit against Hilton Hotels after learning that one of the chain’s budget hotels, Homewood Suites, had been paying a female employee less than they paid male employees for the exact same job. One of the males...
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What to Watch Out for in Employment Law in 2017
Employment law changes rapidly. Regulations that have been long discussed and litigated are often rolled out with the dawn of a new year, and 2017 is no different. Most of the new laws impacting employers and employees are federally mandated, but the state of New Jersey is also making a...
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(EEOC) releases a report detailing how many charges of workplace discrimination were filed in 2016
At the beginning of every new year, the United States Equal Employment Opportunity Commission (EEOC) releases a report detailing how many charges of workplace discrimination were filed with them in the previous year. For 2016, that number totaled 97,443, which means that 2016 was the second year in a row...
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Employment Discrimination Against the Unemployed
The state of New Jersey is considered one of the most employee-friendly states in the country when it comes to fighting against discrimination. The state has a robust anti-discrimination law known as NJLAD, or New Jersey Law Against Discrimination, which identifies discrimination against those who fall into a long list...
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Will You Be Eligible for Unemployment in New Jersey?
Losing your job can put you into financial jeopardy. If you are no longer receiving a paycheck, you may find yourself unable to keep up with your bills or even to pay for basic necessities. Unemployment benefits are insurance - you pay unemployment insurance premiums out of each paycheck. This...
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Racial Discrimination Lawsuit Filed by Campus Police Officer Against University of Pennsylvania After Beard Raises Issues
Joseph Lewis is a campus police officer for the University of Pennsylvania. More accurately he was a campus police officer for the university until he lost his job in 2016. Lewis is black, and he has filed a federal racial discrimination lawsuit against the esteemed school. He is charging that...
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Woman’s Pregnancy Discrimination Claim Raises Interesting Issues
A Pennsylvania woman recently filed a discrimination lawsuit against her employer, charging them with a variety of discriminations in relation to her pregnancy. Though she did not win her case based on a variety of legal complications, the facts of the case are still very important for those who are...
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Three Employees File Discrimination Lawsuit Against Pizza Hut
A Pizza Hut area manager in the state of New Jersey is being sued by three employees for discrimination and retaliation, and the lawsuit against her also names the chain itself for violations of both state and federal laws. The suit is being filed by three Egyptian-American employees who cite...
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The New Jersey Law Against Discrimination
Employees often feel that they are powerless against their employer, that is absolutely not true. An employment lawyer can provide you with legal guidance, advice, and representation to ensure that you are being treated fairly and that your rights are not being violated. Here are some important signs that it’s...
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Carlson Sexual Harassment Suit Ends with $20 Million Settlement and an Apology
It’s been just two months since Fox News host Gretchen Carlson filed a sexual harassment against news boss Roger Ailes in the state Superior Court of New Jersey. Since that suit was filed the network took swift investigative action that not only confirmed Carlson’s claims, but also found that some...
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Employee Sues Wal-mart After Being Demoted for Religious Observance
Discrimination in the workplace can be based on race, sex, gender identity, religion, nationality, age, and more. It also can arise after an extended period where no discrimination was present. A case that was recently filed against retail giant Wal-Mart is one such example. According to a complaint filed in...
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Multiple Claims Allege Workplace Discrimination by Florida College
Florida A&M University is a historically black college located in Tallahassee, Florida. The school’s police department, which hired a new police chief in 2013, is being named as the source of rampant discrimination against older employees and white employees, and multiple lawsuits have been filed against the school’s board of...
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Ailes’ Out from Fox News as Sex Harassment Case Takes an Unusual Turn
In the past couple of weeks Fox News forced chairman and CEO Roger Ailes from the network in response to sexual harassment charges filed by Gretchen Carlson and echoed by many other female employees. But the lawsuit takes an unusual turn in that rather than naming her employer, the claim...
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Sexual Harassment Suit Against Fox News CEO Puts Celebrity Face on Everyday Occurrence
People who closely follow the news – and who are fans of the show Fox & Friends – were shocked last week when popular host Gretchen Carlson filed a sexual harassment and retaliation lawsuit against Fox News’ Chairman and CEO Roger Ailes. For those who have themselves been victims of...
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How Social Media Affects the Workplace
Last week, People Magazine ran an article titled “20 Tales of Employees Who Were Fired Because of Social Media Posts.” The lead-in provided a list that included the story of a firefighter claiming that his house was on fire then being tagged in a photo of himself sitting in a...
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Dealing with Workplace Discrimination in NJ
While our nation has taken great strides to protect us against discrimination, it still occurs in many areas of life, including in the workplace. Fortunately, there are national and state laws that protect employers from discriminating against individuals on the basis of race, creed, color, national origin, sex, religion, age,...
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When Should I Call an Employment Lawyer?
Were you mistreated in the workplace? Perhaps you were sexually harassed by your boss. Or, maybe your employer has failed to comply with a contractual promise. If you've been mistreated in the workplace, an employment lawyer in South Jersey can help. Employment lawyers protect the rights of employees and can...
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Were You Wrongfully Terminated from Your Job?
Do you believe you were wrongfully fired from your job? In most states, including New Jersey, employment is "at will", meaning an employer or employee can end the working relationship at any time and for any non-discriminatory reason or no reason at all. However, there are some exceptions to this...
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When Does It Count as Sexual Harassment?
Both women and men can be sexually harassed at the workplace. Harassment comes in many forms, from the most subtle comments to far more lewd behavior. However, many individuals who find themselves feeling harassed worry that no one will believe them—or worse, that there is nothing they can do. If...
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4 Important Facts about New Jersey Unemployment Claims
The system for filing New Jersey unemployment claims is complicated and claims can be turned down for many reasons. That leaves a lot of unemployed workers thinking unemployment is not worth their time—but this could not be further from the truth. Here are four vital facts you should know about...
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Flu Vaccine Objections and Work Termination: Exploring the Issues
Many healthcare providers across the country now require that their employees receive flu vaccinations in order to work. This has led to an overall increase in the number of workers receiving the vaccine each season. According to the CDC, "Early season flu vaccination coverage was higher among health care personnel...
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Jury Awards Former Employee Of Roscoe’s Chicken N’ Waffles $1.6M In Race Discrimination Suit
A jury has recently awarded an ex-employee of Roscoe's Chicken N' Waffles in Inglewood, Los Angeles County, California, over $1 million in damages. Daniel Beasley, an African American man, sued the restaurant chain for racial discrimination and wrongful termination. Roscoe’s House of Chicken ‘n Waffles is a soul food chain...
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UMDNJ Whistleblower Cases Cost Rutgers Nearly $2 Million in Settlements
Rutgers University recently settled several major whistleblower cases that were inherited with the merger of the University of Medicine and Dentistry of New Jersey (UMDNJ). Rutgers agreed to pay out nearly $2 million in settlements to former high-level administrators. These confidential agreements put an end to two long-running lawsuits that...
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4 Reasons Not to Sign that Severance Agreement
A severance agreement can be a good thing—but not always as good as it looks at first glance. Many employees will take a severance package for the immediate money it promises, only to regret it later as they see how it negatively affects their job hunt or independent work. If...
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Representing Yourself Can Be Very Expensive!
On July 20, 2015, the New Jersey Superior Court, Appellate Division, upheld a lower court ruling which assessed a self-represented Plaintiff $191,652.44. Ronald L. Fulton had sued his employer for wrongful termination. Mr. Fulton choose not to have an attorney and to represent himself. The Court issued numerous rulings against...
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Mandatory Workplace Vaccines: What Are Your Rights in New Jersey?
Healthcare workers and other employees around the country are being told they must get vaccines or lose their jobs. Rights and options vary depending on the specific situation. Mandatory Flu Vaccines as Company Policy More and more health care employers are requiring that employees receive a mandatory flu vaccine as a...
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How To Qualify for Unemployment Benefits in NJ
The loss of a job can have a devastating effect on people and their families, particularly in the current economy. Losing a job can mean facing several issues while trying to qualify for unemployment benefits. If you lose your job, it is important to apply for unemployment benefits immediately –...
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