It’s a nightmare scenario for an employee. She has a good job, but has received the opportunity of a lifetime. She quits her job, moves to a new city, and gets ready to start her new position. Then, just before she starts, the prospective employer calls and says, “Oops, we’ve…
A recent New Jersey employment law decision in the case of Rosemary Beneduci vs. Graham Curtin, P.A. addressed when failing to offer an employee of one business entity a job with a second when the two merge constitutes an illegal employment practice under New Jersey’s Law Against Discrimination. While the…
Under New Jersey employment law, criminal charges can have a significant impact on government employment beyond the penalties carried by the criminal charges themselves. These effects impact both civil service and non-civil service employees. Suspensions While Criminal Charges Are Pending First, a public employee may be suspended while criminal…
Appellate Division Demonstrates Why It Makes Sense to Pursue Civil Service Disciplinary Appeals. New Jersey civil service employees have protections which other employees do not. The heart of this is the opportunity to appeal major discipline imposed by their employers. A recent New Jersey appellate decision in the case of…
New Jersey employment law recognizes the concept of “joint employers.” Under this legal doctrine, an employee can have two employers even though he only gets paid by one. The doctrine provides that when more than one entity acts as a person’s employer, both are jointly responsible for complying with employee…
New Jersey employment law has few more contentious areas than tenure rights for public school teachers. I previously wrote about the Appellate Division decision in Parsells v. Board of Education of the Borough of Somerville. The case was subsequently appealed, and the New Jersey Supreme Court upheld the Appellate Division’s…
UPDATE: This post was originally published on January 3, 2023. On May 22, 2023, the Supreme Court of New Jersey granted a writ of certiorari, meaning it will review the Appellate Division’s opinion in this case. The original post is below. Stand by for more. ORIGINAL POST: In many…
Independent Contractors versus Employees Under New Jersey Employment Law Under New Jersey employment law, the classification of a worker as an employee or independent contractor has significant ramifications for both the employer and employee, including the ability of the employer to shift the cost of insurance, payroll taxes and benefits…
New Jersey civil service law provides significant protection for employees serving in civil service jurisdictions which other employees, even other government employees who are not in the civil service system, do not enjoy. Layoffs. A layoff is the cessation of a permanent employee’s employment for economic reasons or efficiency, triggering…
New Jersey business law presents no thornier area than business divorces – when a venture goes south and the owners – the partners, corporate shareholders or limited liability members – acrimoniously split up. The Appellate Division of the Superior Court of New Jersey recently addressed such a painful business divorce…