In New Jersey Civil Service, hiring and promotion are done in accordance with the applicant’s (or “eligible’s”) rank on a list. There are specific reasons why an applicant may be removed from a Civil Service list. However, sometimes removal is done because of favoritism, nepotism, politics, discrimination, whistleblower retaliation, cronyism,…
Arbitrators make the final decision in hearings on tenure charges. Appeals are limited. However, the scope of their powers to fashion appropriate discipline was open to question. As I wrote last year, the Appellate Division of New Jersey’s Superior Court ruled in the case of Sanjuan v. School District of…
A recent New Jersey construction law development will greatly affect contractors. The New Jersey Legislature passed a new law regulating home improvement and home elevation contractors, which Governor Murphy signed into law on January 8, 2024. The regulations governing home improvement contracts and home elevation contractors were already draconian, but…
New Jersey employment law in the public sector incorporates the doctrine of collateral estoppel, which in some cases bars relitigating issues already decided in another forum. This applies to administrative appeals of employment action. A New Jersey appellate court recently examined this doctrine in the context of the revocation of…
New Jersey Employment Law Protections for Pregnant Employees New Jersey employment law, as well as Federal employment law, prohibits discrimination against employees because of pregnancy, requires employees to reasonably accommodate employees’ pregnancy, bars retaliation against employees who request accommodations for pregnancy or object to the treatment of pregnant employees, and…
One of the most difficult New Jersey employment law issues confronted by government employees is that they are sometimes drawn into legal action because of actions taken in the course of their employment. Defending such charges can cause significant expense and hardship to government employees. For teachers, administrators and other…
New Jersey construction litigation often involves claims against contractors for improper construction or delay. Contractors, in turn, often argue as a defense, counterclaim or cross-claim that any delay or improper construction was the fault of the licensed professional on the project, such as the engineer or the architect. Owners may…
A recent New Jersey employment law decision in the case of A.B. vs. Board of Education of the City of Hackensack, Bergen County illustrates the dangers of public employees, especially teachers, posting suggestive content on their social media accounts, and the reach and consequences of the New Jersey “Pass the…
An appellate court recently examined the covenant of good faith and fair dealing in New Jersey construction contracts in the case of Konopka vs. Brown’s Heating, Cooling, Plumbing. Background Konopka hired Brown’s as a contractor to install a Carrier gas furnace in his home. Brown was to supply labor and…
New Jersey whistleblower retaliation lawsuits turn on the question of evidence. This is a frequent area of dispute in New Jersey employment law. A New Jersey appeals court recently examined the evidence necessary to establish a claim of whistleblower retaliation under the New Jersey Conscientious Employee Protection Act, New Jersey’s…