Contracts Under New Jersey Business Law Under New Jersey business law, when two or more parties enter into a contract they are essentially writing their own law which will govern their relationship. A valid contract – one where each of the parties exchange value (“consideration”) and agree to the terms…
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…
As a general rule, oral contacts in New Jersey are enforceable – not that they are recommended; indeed. Our attorneys, we always recommend that contracts be in writing because they are easier to prove and leave less room for misunderstandings. However, if you can prove the terms of an oral…
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…
Representing parties negotiating contracts and litigating over breach of contracts are some of our attorneys’ main practice areas. New Jersey contract law recognizes both contracts and “quasi-contracts.” This post examines what these are and the differences between them. Contracts New Jersey contract law defines a contract as a voluntary agreement…
In the case of In re Linear Electric Company, Inc., the Third Circuit was presented with whether construction liens filed by a supplier under New Jersey law were valid and enforceable against a contractor who filed a petition for Chapter 11 bankruptcy protection prior to when the construction liens were…
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…