New Jersey public employees have multiple venues to litigate employment claims against their government employers. Forums Available to New Jersey Public Employees New Jersey government employees can sue in New Jersey state court, beginning with the Superior Court of New Jersey which sits in each county, for violation of…
New Jersey teachers are required to possess certificates issued by the State Department of Education in order to be employed in a teaching capacity. These certificates are not easy to get, and have educational and testing requirements. They are required to ensure that those teaching New Jersey students have the…
Under New Jersey employment law, tenure provides college, university and school faculty great protection. However, this protection is not unlimited. A New Jersey appeals court explained how courts should review decisions to terminate a tenured college professor in the case of Chee Ng v. Fairleigh Dickinson University. Background Dr.…
New Jersey employment law requires teachers and other public education employees to hold teaching certificates, or other certificates as appropriate to the position, as a prerequisite to holding their job. A New Jersey appeals court recently examined the legal principles involved when the New Jersey State Board of Examiners determines…
Background Employment as a teacher and in many other New Jersey public school positions requires that the employee hold a certificate to work in their positions. However, under certain circumstances, these certificates can be suspended or revoked, rendering the employee ineligible to work in their chosen profession. The New Jersey…
Arbitrators make the final decision in hearings on tenure charges. Appeals are limited. However, the scope of their powers to fashion appropriate discipline was open to question. As I wrote last year, the Appellate Division of New Jersey’s Superior Court ruled in the case of Sanjuan v. School District of…
New Jersey employment law in the public sector incorporates the doctrine of collateral estoppel, which in some cases bars relitigating issues already decided in another forum. This applies to administrative appeals of employment action. A New Jersey appellate court recently examined this doctrine in the context of the revocation of…
One of the most difficult New Jersey employment law issues confronted by government employees is that they are sometimes drawn into legal action because of actions taken in the course of their employment. Defending such charges can cause significant expense and hardship to government employees. For teachers, administrators and other…
A recent New Jersey employment law decision in the case of A.B. vs. Board of Education of the City of Hackensack, Bergen County illustrates the dangers of public employees, especially teachers, posting suggestive content on their social media accounts, and the reach and consequences of the New Jersey “Pass the…
New Jersey employment law has few more contentious areas than tenure rights for public school teachers. I previously wrote about the Appellate Division decision in Parsells v. Board of Education of the Borough of Somerville. The case was subsequently appealed, and the New Jersey Supreme Court upheld the Appellate Division’s…