New Jersey law imposes certain requirements on the behavior of employees, whether through the common law or contract. New Jersey employment law and business law will enforce restrictive covenants, including non-compete agreements, if they meet certain requirements. However, the tests for enforceability are different for restrictive covenants contained in…
New Jersey Lawyers Blog
Appellate Division Addresses Notice Required Before Teacher Waives Her New Jersey Tenure Rights
New Jersey employment law provides many protections to employees. One of the strongest of these is the tenure rights afforded to public school teachers. Even with such strong protections, for many reasons employees sometimes decide to forgo these rights. The Appellate Division of the Superior Court of New Jersey recently…
The New Jersey and United States Constitutions Do Not Protect Private Employees’ Free Speech Rights
New Jersey whistleblower protection laws protect employees who object to or try to prevent illegal conduct by their employers, be they private sector employers or state or local government employers. However, while New Jersey employment law gives strong protection to employees, a recent published appellate decision in the case of…
New Jersey Employment Law Decision Upholds Non-Tenured School Employee’s Rights
In a recent New Jersey employment law decision, the Appellate Division of New Jersey’s Superior Court rejected a board of education’s argument that it had substantially complied with the requirements for giving notice to untenured employees whose employment contract was not going to be renewed for the following school year.…
New Jersey Civil Service Law Allows for Reopening Disciplinary Appeal Based on Newly Discovered Evidence, Appellate Division Explains
A recent New Jersey employment law decision examined the procedures for reopening a Civil Service disciplinary appeal because of newly discovered evidence. The Newsom Case In the case of In the Matter of Kevin Newsom, New Jersey State Prison, Kevin Newsom, a civil service employee, was terminated as a corrections…
The Veterans Preference and Disabled Veterans Preference in New Jersey Civil Service
New Jersey Civil Service law give a hiring preference to “veterans” which ranks them higher on eligible lists if they otherwise meet the eligibility requirements. This is known as the Civil Service veterans preference. However, not everyone who is considered a “veteran” by the Federal Government, military, or Veterans Administration…
New Jersey Civil Service Employers May Reduce Suspensions to Preclude Appeals to Civil Service Commission
Background Given the ability of civil service employees to appeal major discipline to the New Jersey Civil Service Commission, as opposed to the extremely limited avenues to challenge minor discipline (fines or suspensions of five business days or less), one avenue an employer might take to make it difficult or…
New Jersey Civil Service Examination Appeals
The bedrock principle of New Jersey Civil Service law is that merit and fitness should be the only factor considered in employment decisions, and discrimination, nepotism, cronyism, politics and bribery should be eliminated in public sector employment. The gateway to this system is the New Jersey Civil Service examination process,…
New Jersey Civil Service Disciplinary Procedures at the Employer Level
New Jersey’s Civil Service System was enacted to keep politics, discrimination, favoritism out of employment decisions. Therefore, civil service employees may only be disciplined for “just cause.” The New Jersey and Federal Constitutions require that before any government body may take action against anyone they must receive due process, which…
Should a Surviving Spouse file a Federal Form 706 Estate Tax Return to Claim the Deceased Spouse’s Unused Exemption from Federal Estate Tax?
Current estate tax law demonstrates why it is so important to consult with a New Jersey estate administration and planning attorney. A deceased individual’s estate is entitled to an exemption from Federal Estate Tax currently in the amount of $12,060,000.00. However, since a surviving spouse pays no Federal Estate Tax…