The Appellate Division of New Jersey’s Superior Court recently issued an important construction law decision examining the effect of New Jersey’s Consumer Fraud Act in cases also involving the breach of a construction contract or negligent construction. By way of background, coverage under New Jersey’s Consumer Fraud Act was…
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…
Yes, New Jersey property law allows for the partition of the property, or if a partition is not feasible, then the forced sale of real estate which is owned by more than one person. Often real estate is owned by several people. This commonly occurs through an inheritance. For example,…
Types of Entities Available Under New Jersey Business Law New Jersey business law offers different options for the forms which business entities can take. Each has its advantages and disadvantages. Traditionally, the choices were corporations, partnerships and sole proprietorships. Corporations are usually chosen, particularly in the context of small…
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…