Labor and Employment Law

Published on: September 28, 2023

Can an Employer Rescind a Job Offer Under New Jersey Employment Law?

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 changed our minds. Sorry….” Now she’s in a new city and maybe a new state, with a new lease or mortgage, and no job. Does the law provide her contract-1464917__340-300x200 with any remedy? Fortunately, New Jersey employment law does provide relief under certain conditions.

Breach of Contract

The employee is in the best position if she received an employment contract. If she has a written contract, she has the full range of remedies for breach of contract. This does not mean that the prospective employer does not have defenses – there may be a perfectly good reason for rescinding the offer. For example, the offer could be for an attorney who was disbarred or a doctor who lost her license to practice medicine. However, there is a good chance that the contract will provide the employee with a remedy in court.

Published on: September 27, 2023

New Jersey Law Against Discrimination Applies to Mergers

by Maurice W. McLaughlin

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 case involved two law firms, it would be equally applicable to any employers. NJ_State_House-300x200

Background

As the opinion explained them, the facts are relatively straightforward. Rosemary Beneduci was a long-time employee of Graham Curtin, P.A., a major New Jersey law firm. She had been on disability leave for knee replacement surgery. At the same time, Graham Curtin was merging with a second firm, McElroy Deutsch. When the merger was completed, McElroy would be the surviving firm. All of the attorneys and employees at Graham Curtain who did not leave for another firm were offered employment with McElroy except for Beneduci. All of them became employees of McElroy except for Beneduci and one part-time employee who chose to retire. The testimony indicated that Graham Curtin’s employees were hired based on the recommendation of its former managing partner; he recommended all the employees be hired by McElroy except for Beneduci. When Beneduci emailed the managing partner, her direct supervisor, that she would be returning to work, he met with her, terminated her and offered her a severance agreement. She rejected the agreement and sued Graham Curtain, its managing partner, and McElroy for violation of the New Jersey Law Against Discrimination.

Published on: September 12, 2023

Effect of Criminal Charges on New Jersey Public Employment

by Maurice W. McLaughlin

Under New Jersey employment law, criminal charges can have a significant impact on government employment beyond the penalties carried by the criminal charges themselves. paterson-pd-andrew-300x211 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 charges are pending.

Published on: September 9, 2023

Appellate Division Demonstrates Why It Makes Sense to Pursue Civil Service Disciplinary Appeals

by Maurice W. McLaughlin

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 cop New Jersey appellate decision in the case of In the Matter of Malikah Spencer, Essex County, Department of Corrections, demonstrates that this process gives New Jersey civil service employees a fair hearing in these appeals, and demonstrates why civil service employees should pursue appeals of employer imposed major discipline.

Background

Published on: August 17, 2023

Supreme Court Decision Indicates That Application of the Joint Employer Doctrine in New Jersey Employment Law Cases is Question for Jury

by Maurice W. McLaughlin

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

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responsible for complying with employee protection laws such as the New Jersey Law Against Discrimination and the Conscientious Employee Protection Act (known as CEPA or the New Jersey Whistleblower Law).

The Appellate Division of the Superior Court of New Jersey explained in the case of Pukowsky v. Caruso that the following factors are to be considered when determining whether the joint employer doctrine should cause a person or business to be a joint employer of an employee for employment law purposes.

Published on: July 23, 2023

New Jersey Supreme Court Issues Important Decision on Waiver of a Teacher’s Tenure Rights

by Maurice W. McLaughlin

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 decision while modifying it and establishing an important rule of law for when a teacher can be found to have waived her New Jersey tenure rights.

Background

Published on: June 21, 2023

Update on Sanjuan v. School District of West New York Case: NJ Supreme Court Grants Certiorari in Education Employment Case

by Maurice W. McLaughlin

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 areas of New Jersey employment law, the scope of an arbitrator’s powers is a significant question. This is particularly true in the adjudication of tenure charges against New Jersey teachers and principals. The Appellate Division of New Jersey’s Superior Court squarely addressed this issue in the recently published decision in the case of Sanjuan v. School District of West New York.

Published on: June 8, 2023

New Jersey Supreme Court Decision on Classification of Workers is a Cautionary Tale for Employers

by Maurice W. McLaughlin

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 to the employee, and relieving it from having to pay time and a half for overtime. The New Jersey Supreme Court explained in the seminal case of building-home-construction-contractor-blueprint-architecture-300x200 Hargrove vs. Speepy’s LLC, that there are different, fact sensitive tests for this determination depending on the context, such as for wage issues, workers compensation and unemployment. More recently, the Supreme Court addressed this issue in the context of whether an employer must make contributions for disability and unemployment in the case of East Bay Drywall, LLC vs. New Jersey Department of Labor and Workforce Development.

Background: East Bay’s Business Model

Published on: May 28, 2023

Layoff Rights Under New Jersey Civil Service Law

by Maurice W. McLaughlin

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 us-supreme-court-300x200 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 the rights and procedures provided by New Jersey civil service law to those affected by layoffs. Demotions for reasons of economy, efficiency or related reasons are also treated as layoffs. Demotions in the form of reduction in hours are also layoffs. A civil service employee is entitled to all applicable civil service due process protections if her position does not meet the definition of a layoff. Layoffs cannot be used as discipline. Whether her position is abolished or not, if she is affected by a layoff the Civil Service System gives her significant protections if she is subjected to any employment action for other than economy or efficiency outside a layoff plan approved by the New Jersey Civil Service Commission.

Pre-Layoff Actions, Alternatives. An employer must try to avoid layoffs, and if that is not possible then to lessen the extent and impact by using pre-layoff actions. Before instituting layoffs, voluntary or involuntary, the employer must consult with the union for the affected employees. Examples of voluntary alternatives include leaves of absence without pay while keeping seniority; furloughs; reduction of work hours; job sharing; and providing optional temporary demotional titles.

Published on: May 3, 2023

New Jersey Civil Service Resignations and Job Abandonment Appeals

by Maurice W. McLaughlin

How a New Jersey Civil Service employee’s separation from service is characterized, either “in good standing” or “not in good standing,” has significant consequences, particularly on the employee’s ability to obtain future government employment, and may even effect her employment in the private sector. Moreover, if the employee is council-of-state-535721__340-300x103 found to have abandoned her position she may be involuntarily terminated. Thus, the right to appeal these characterizations is important.

When a Resignation is Considered to be in Good Standing

Obviously, civil service employees want their separations to be considered in good standing, which will allow them to be reemployed. This will also allow them to answer that they resigned in good standing when asked at job interviews even for private sector jobs. For a resignation to be considered “in good standing” the requirements under New Jersey civil service law are that the employee actually was in good standing when she resigned and that she gave her employer at least 14 days notice, either verbally or in writing (the employer may consent to shorter notice which would allow the resignation to be in good standing despite a shorter notice period). The resignation is considered accepted when the notice is received by the employer. The employer may allow an employee to rescind her resignation prior to the employee’s last day.