A New Jersey appeals court recently issued an important decision in the case of In the Matter of William R. Hendrickson, Jr., Department of Community Affairs, in which it examined two core concepts in New Jersey’s Civil Service employment law: progressive discipline and the “deemed accepted” rule. Background William…
New Jersey’s Conscientious Employee Protection Act (“CEPA”) employees from being fired for objecting to or refusing to participate in conduct which the employee reasonably believes to be illegal or against public policy. If the employee is wrongfully retaliated against, CEPA provides a remedy through litigation. Also known as the “whistleblower law,”…
Our labor and employment attorneys represent employers and employees in cases of wrongful termination and discrimination. This is an area of New Jersey employment law which generates considerable litigation. New Jersey’s Supreme Court recently issued an important opinion on when an employee may be terminated because her disability impairs her…
One of the most vexing problems facing employees suing their employers for harassment is what legal standard the acts must meet in order to prove harassment. In the case of Castleberry v. STI Group, the United States Court of Appeals for the Third Circuit held that harassment need only be…
The New Jersey Civil Rights Act, the state counterpart to the federal law known as “Section 1983,” is a powerful tool for government employees to protect themselves when their public employers violate their civil rights After the Civil War, Congress passed a law known as “Section 1983.” Section 1983 was…
Under New Jersey’s Civil Service System, hiring and advancement are required to be based on merit. In a civil service jurisdiction, taking the civil service test is just the first step in the process of obtaining a position as a New Jersey law enforcement officer or firefighter. After this there…
One of the most difficult issues for New Jersey employment attorneys is when federal law preempts New Jersey employment law. One of the most thorny areas is the intersection of the Federal Labor Management Relations Act, which governs the interpretation and application of collective bargaining agreements (union contracts) in the…
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,…
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.…
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…