New Jersey employment law recognizes the concept of “constructive discharge.” Constructive discharge occurs when an employee’s working conditions are made so intolerable that the employee has no choice but to quit. When the actions causing the hostile work environment are undertaken because of discriminatory harassment, this can constitute wrongful termination…
The United States Court of Appeals for the Third Circuit recently issued an opinion interpreting the New Jersey Civil Service Act regarding the reemployment rights of laid off civil service employees. It probably reached the right decision, but its reasoning was far too broad and may have a negative impact…
The United States Third Circuit Court of Appeals (which hears appeals from the federal district courts in New Jersey, Delaware, Pennsylvania and the United States Virgin Islands) recently had the opportunity to address the state of New Jersey employment law on restrictive covenants in the case of ADP, LLC…
Background: The Law Against Discrimination New Jersey’s Law Against Discrimination (often referred to as the “LAD” or the “NJLAD”) prohibits discrimination and harassment against employees because of a wide variety of immutable characteristics. Among these are protections against discrimination and harassment because of an employee’s age and disability. The Law…
Tenure is one of the most important protections for teachers in New Jersey employment law. Both full-time and part-time teachers may receive tenure protection. However, no New Jersey court has addressed the situation where a part-time tenured teacher’s earnings were reduced when her hours were cut, even though her hourly…
On March 28, 2018, the New Jersey Appellate Division granted an appeal and reversed a trial court employment law decision which had granted summary judgment in favor of the defendant employer the New Jersey Department of Human Services and against the plaintiff employee, dismissing all of his claims. In the…
Being a cop is a tough job. It is physically dangerous, and often thankless. However, it is intensely important, and as a result our society places great trust, authority and responsibility in our law enforcement officers. Because of this special trust, the law holds law enforcement officers to a higher…
Gender discrimination is one of the most heavily litigated areas of New Jersey Employment Law. The United States Third Circuit Court of Appeals recently issued an opinion involving the issue of “sex plus” gender discrimination which will apply equally to New Jersey’s state and federal courts. What is “Sex…
While the sale and possession of marijuana are flatly illegal under federal law, and the illegal status of recreational marijuana under New Jersey law has not changed yet, the medical use of marijuana is legal under New Jersey’s Compassionate Use Act for ALS, anxiety, certain chronic pain conditions, migraine headaches,…
New Jersey’s Law Against Discrimination makes it illegal for employers to discriminate against employees because they have a “disability.” Law Against Discrimination also requires employers to make “reasonable accommodations” so that employees can do their jobs despite their disabilities. New Jersey’s Workers Compensation Act requires employers to carry workers compensation…