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New Jersey Lawyers Blog

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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,…

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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…

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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…

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New Jersey Civil Service Discipline

Background.   New Jersey Civil Service exists remove favoritism, nepotism, politics and other improper considerations from employment decisions.  This includes Civil Service discipline.  Because Civil Service employers are governmental entities, due process and fundamental fairness protections govern discipline. As far back as 1961, the Appellate Division gave a good summary of…

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On the Importance of Well-Written Settlement Agreements in New Jersey Civil Service Disciplinary Actions

The Appellate Division recently issued a New Jersey employment law decision in the case of Levis v. City of Hackensack which should be instructive to New Jerseycivil service employees settling disciplinary charges.   Background Richard Levis was a lieutenant on the Hackensack Police Department a civil service jurisdiction.  He filed…

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Court Explains De Facto Employee Law for New Jersey Government Employees

Under the New Jersey public employment law and Title 18A of New Jersey statute, which governs New Jersey employment law for public school and public college employees, if an employee is actually performing the work of a particular position, even though they are designated in another, they must receive the…

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New Jersey Civil Service Classification Appeals

In General. The New Jersey Civil Service Act establishes three classes of civil service employees: Career (or “classified”), unclassified and, in State service, the Senior Executive Service.   The New Jersey Civil Service Commission has the job of classifying positions – it is the positions which are classified, not people.  …

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Some Administrative Details About the New Jersey Civil Service System

The Civil Service Commission The New Jersey Civil Service System is governed by the Civil Service Act and Civil Service Regulations.  Chapter 2 of Title 11A of the Civil Service Act, N.J.S.A. 11A:2-1, et seq., establishes the  New Jersey Civil Service Commission (the “Commission”).   The Commission is a department of…

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New Jersey’s Civil Service System – Merit, Not Politics

Some complain that civil service hinders efficient government.  Managers object that it limits their ability to run their organizations by hiring, firing and imposing discipline as they believe best.  Citizens argue it makes it too hard to get rid of “bad apples.”  Employees believe it makes promotions and transfers too…

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Choosing the Right Form of New Jersey Business Entity

New Jersey business law gives owners the ability to choose between different forms of entities to meet their particular concerns.  The choice is important and has long lasting effects.  Below is an overview of the basic types of business entities allowed by New Jersey business law.   ‍General Partnership A…

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