The Appellate Division of the Superior Court recently issued an opinion on New Jersey employment law discussing the nature of sexual harassment and when a tort claim notice must be served in the employment context. The Willis Case In this case, Willis v. Walker, Fuller and the College of…
Articles Posted in Labor and Employment
Supreme Court Expands Enforceability of Arbitration Policies in New Jersey Employment Law Decision
The New Jersey Supreme Court once again expanded the enforceability of arbitration agreements under New Jersey employment law. In its opinion in Skuse vs. Pfizer, Inc., the Court left in place the requirements necessary for agreements to arbitrate employee/employer disputes under New Jersey employment law, but in its application let…
Appellate Division Nixes Police Officer’s New Jersey Whistleblower Case
An important New Jersey employment law decision was recently issued by the Appellate Division in the case of Dibuonaventura vs. Washington Township. The case has a long and tangled history, but this decision illustrates several important employment law rules affecting New Jersey government employees. Background: Dibuonaventura I & II…
New Jersey Employment Law Decision Examines Procedures for Appealing Discipline of State Troopers
A recent New Jersey employment law decision in the case of Matter of Shyner examined the procedures available to New Jersey State Troopers to appeal employer imposed discipline, and the standards which appellate courts will utilize to review disciplinary decisions by the Superintendent of New Jersey State Police. The…
New Jersey Supreme Court Issues Important Employment Law Decision on Employment Contracts Requiring Arbitration of Wage and Hour Claims
The Arafa Case The New Jersey Supreme Court issued an opinion in the case of Arafa v. Health Express Corporation in a consolidated appeals about a niche question regarding the interplay of the Federal Arbitration Act (the “FAA”) and the New Jersey Arbitration Act (the “NJAA”) regarding the enforceability of…
Appellate Division Issues Important New Jersey Employment Law Decision on Whistleblower Law
Employment Law Evidence Issues Our employment lawyers represent employees and employers in all aspects of New Jersey employment law. One of the most litigated issues is the evidence which an employee must present to demonstrate that retaliation or discrimination was behind an adverse action, such as firing or demotion. The…
Appellate Division Issues Opinion on Promotion Bypass Appeals Under New Jersey Civil Service Act’s Rule of Three
Our employment attorneys represent employees in New Jersey Civil Service appeals and disciplinary proceedings. One frequent matter of contention in the New Jersey Civil Service System is bypassing candidates for selection or promotion under the “Rule of Three.” The Rule of Three The New Jersey Civil Service Act requires…
Chancery Division in Bergen County Issues Important New Jersey Employment Law Decision on Appeals of Tenure Arbitration Awards by Teaching Staff Members
The Chancery Division of New Jersey’s Superior Court recently issued a public employment law decision in the case of Petrella v. The Hackensack Board of Education which is important for New Jersey teaching staff members because it examined the grounds for overturning an arbitration decision on tenure charges under the…
Effect of Criminal Charges and Disposition on New Jersey Public Employees
New Jersey employment law provides that government employees may be fired for conviction of a crime, and for many crimes they must be fired. However, if they are exonerated they may be reinstated to their position. They may be subject to further discipline, but if they are not they may…
New Jersey Supreme Court Issues Important Decision on Ability of Union to Bargain Away Benefits of Public Employees
The New Jersey Supreme Court recently issued an important employment law decision in the case of Barila v. Board of Education of Cliffside Park regarding the ability of unions to bargain away employee benefits enjoyed under prior contracts. Benefits, such as time off, are terms and conditions of employment which…