On March 9, 2021, the New Jersey Supreme Court issued an important employment law decision on pregnancy discrimination in the case of Delanoy v. Township of Ocean, which confirms the distinct causes of actions that may be brought and how they should be brought under the New Jersey Pregnant Workers…
A Federal Appeals Court’s recent precedential decision in the case of Gibbs v. City of Pittsburgh may have profound implications for New Jersey civil service appeals from psychological disqualification of law enforcement officer applicants. Background Christopher Gibbs applied to be a police officer with the Pittsburgh, Pennsylvania Police Department. …
The Appellate Division recently reversed the dismissal of a casino employee’s lawsuit for whistleblower retaliation, discrimination and sexual harassment, demonstrating again that New Jersey employment law provides some of the country’s strongest employee protections, while also demonstrating the limits of those protections. Background In that case, Fox v. DGMB…
The Appellate Division recently issued an important New Jersey employment law decision concerning the due process rights of tenured teachers. Tenured teachers have significantly more protections than untenured teachers. An untenured teacher is essentially an “employee-at-will” who may be terminated without cause; however, an untenured teacher has the right to…
It is interesting that the trend in New Jersey employment law is to enforce arbitration agreements in employment contracts, while at the same time finding them unenforceable in consumer and commercial contracts. However, the law is the same: whatever the area, arbitration agreements are interpreted and enforced – or not…
Background In the wake of the death of George Floyd, New Jersey Attorney General Gurbir S. Grewal issued two directives amending New Jersey’s Internal Affairs Policy and Procedures (commonly referred to as the “Attorney General Guidelines” or the “IAPP”). The thrust of these directives is to allow for the disclosure…
Federal versus State Courts for New Jersey Employment Law Employees who sue their employers for violating New Jersey employment law most often choose to litigate in state court because New Jersey employment law and courts are viewed as more favorable to employees, while employers seek to litigate in Federal court,…
A recent appellate decision in the case In the Matter of Christopher D’Amico, City of Plainfield Fire Department demonstrated once again that New Jersey civil service employees have an effect means of redress for when they are wrongfully disciplined. The D’Amico Case Christopher D’Amico passed the New Jersey Civil…
The New Jersey Supreme Court once again expanded the enforceability of arbitration agreements under New Jersey employment law. In its opinion in Skuse vs. Pfizer, Inc., the Court left in place the requirements necessary for agreements to arbitrate employee/employer disputes under New Jersey employment law, but in its application let…
Employment Law Evidence Issues Our employment lawyers represent employees and employers in all aspects of New Jersey employment law. One of the most litigated issues is the evidence which an employee must present to demonstrate that retaliation or discrimination was behind an adverse action, such as firing or demotion. The…