An attorney-client relationship involves the reasonable reliance by an individual (the client) on the professional knowledge and/or skills of an attorney who is aware of and accepts responsibility for that reliance. While a written agreement is not required for this relationship to exist, there must be some mutual understanding, consensus,…
Articles Posted in Labor and Employment
The Winters Problem: Public Employees’ Catch 22
Our employment lawyers represent New Jersey public employees at the state and local level. One problem that we have run into representing public employees is a recent opinion by the New Jersey Supreme Court which severely limits public employees’ options when their government employers have taken wrongful actions against them.…
New Jersey Court Imposes Restrictions on Police Officers Taking Leave to Hold Elected Office
Our employment attorneys handle New Jersey civil service appeals and litigation. The Appellate Division of New Jersey Superior Court recently issued a decision on “dual officeholding” which affects the rights of New Jersey Civil Servants. Gary DeMarzo was hired as a police officer by Wildwood in 1998. In 2007 he…
Guidance for New Jersey Employers and Employees About President Trump’s Executive Order Promoting Free Speech and Religious Liberty
President Trump recently issued an “Executive Order Promoting Free Speech and Religious Liberty.” We have been asked what this will mean for New Jersey employers or employees. For private sector, and New Jersey state and local public sector employers and employees, the answer is probably not much, if anything. Let’s…
New Jersey Court Rules that Unemployment Benefits Should Not Lower Lost Pay Recoverable from Employer Which Discriminates Against Disabled Employee
Our employment lawyers represent employers and employees in New Jersey labor and employment litigation. Each employment case has two parts. The first is liability – did the employer commit the wrongful act of which it is accused by the employee? If the answer is no, the case is over; if…
Continued Clarifications of the Conscientious Employee Protection Act
New Jersey’s Conscientious Employee Protection Act (“CEPA”) provides a remedy for employees who are wrongfully terminated in retaliation for objecting to conduct which is believed to be illegal. This Act is often referred to as the New Jersey “whistleblower law.” In fact, it is one of the most liberally interpreted and…
Sexual Orientation Discrimination in the Seventh Circuit and Comparison with New Jersey’s Law Against Discrimination
Here at the New Jersey Lawyers Blog we usually stick to New Jersey law (the name is probably a giveaway). However, a federal decision this week in the United States Court of Appeals for the Seventh Circuit (with jurisdiction over appeals from the federal courts in Illinois, Indiana and Wisconsin)…
New Jersey’s Law Against Discrimination: Damages in Consideration of Unemployment Benefits
New Jersey’s Law Against Discrimination (the “LAD”) makes it unlawful to discriminate against someone on the basis of race, age, nationality, gender, religion, sexual orientation and several other specifically protected groups. While this covers an array of relationship scenarios, it is often applied in the context of an employment relationship. Any…
Age Discrimination Under Federal and New Jersey Employment Law – Illustrated by Two Recent Cases
Our employment law department represents private sector employers and public and private sector employees. One of the most prevalent claims we see is age discrimination in the workplace. Age Discrimination Laws Age Discrimination is illegal under both state and federal law. New Jersey employment law prohibits this under the…
New Case on Teacher Arbitration from New Jersey Supreme Court
In the case of Bound Brook Board of Education v. Ciripompa, the Supreme Court reviewed the extreme deference which courts are required to give arbitrator’s decisions. However, the Supreme Court explained that this deference to the arbitrator is not unlimited. In the Bound Brook case, two tenure charges were filed…