What does an employer’s use of criminal history information in hiring decisions have to do with employment discrimination? The U.S. Equal Employment Opportunity Commission (EEOC) has determined that an employer’s use of an individual’s criminal history in making employment decisions could violate the prohibition against employment discrimination. The situation has…
There are many things mature persons need to plan for. An often overlooked area which requires careful planning is potential long-term care. More than half of people sixty five and over will require some form of long-term care. The Medicare office estimates that by the year 2020 approximately twelve million…
Every owner of a closely held small business should have an up to date buy-sell agreement. A buy-sell agreement is a written agreement between business owners. The purpose of the agreement is to ensure that the current owners are protected from ending up owning a business with an unwanted partner…
Everyone should do their best to avoid accidents that lead to injuries such as car, bus, motorcycle, or trucking accidents, a slip and fall accident, or a work related accident – but some accidents cannot be avoided. Once you get into an accident it can be hard to think clearly.…
The concept of a charitable immunity – that charities cannot be sued for negligent conduct – originates from nineteenth century common law, based upon the idea that funds that were otherwise meant to go to charitable causes should not be diverted to pay for legal actions. In 1958, the New…
New Jersey imposes a “realty transfer fee” on the sale of property. Sellers of real estate in New Jersey are often surprised by this fee, which is akin to a sales tax. The amount of realty transfer fee changes with the sales price, it is about half a percent for…
There are three forms of formal dispute resolution to resolve a legal dispute which informal negotiations have fulfilled: mediation, arbitration, or litigation. Understanding the benefits and drawbacks of each is important to decide which method is best to resolve a dispute. Mediation. Mediation is a process where a neutral third…
New Jersey law N.J.S.A. 54:4-35.1 allows property owners to request reduced property tax assessments for property damaged as a result of Superstorm Sandy. This law was enacted in the response to a severe Nor’easter which hit New Jersey 1962. That storm caused significant property damage and there was no basis…
New Jersey’s Conscientious Employee Protection Act (“CEPA”) is one of New Jersey’s employment protection laws. The Act, enacted in 1986, is often referred to as the “whistleblower law.” In fact, it is one of the most liberally interpreted and expansive whistleblower laws in the country. It protects employees from being…
New Jersey has several “tracks” for a government employee who is in civil service to fight when he believes he was wrongfully fired. The first, is in the Civil Service Commission, which can order reinstatement and back-pay. However, this process goes through the Office of Administrative Law and does not…