Uncategorized

Published on: March 14, 2022

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 impossible for employees to challenge discipline is to make sure that it falls under the definition of minor discipline. Why might an unscrupulous civil service employer want to do this? By making it difficult for

an employee to challenge discipline, a supervisor could build up a record of repeated discipline, which could then be used to justify terminating the employee under the doctrine of progressive discipline.

Published on: March 7, 2022

New Jersey Civil Service Examination Appeals

by Maurice W. McLaughlin

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, which ensures that hiring and promotion are based on merit, not other impermissible considerations. Indeed, the New Jersey Constitution requires that whenever national-gallery-of-art-1380105-m-300x248 possible, merit and fitness for hiring and promotions be determined by examination. The New Jersey Civil Service Act and Regulations implement this constitutional principle. Therefore, the principal means for determining merit and fitness for hiring and promotion of classified, career, permanent civil service employees is the New Jersey Civil Service examination process, which is administered by the New Jersey Civil Service Commission.

Obviously, then, civil service examinations are extremely important to applicants for hiring and promotion. But the human condition is that mistakes occur, and the New Jersey Civil Service system is administered by humans, and so mistakes are made. Therefore there is a process for appeals. Our New Jersey civil service attorneys represent state and local government employees in all aspects of New Jersey employment law, including civil service appeals.

Below is an overview of the New Jersey Civil Service examination system, and how candidates for hiring or promotion can appeal when a mistake is made.

Published on: February 14, 2022

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

by Maurice W. McLaughlin

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 suit against Hackensack for breaching the terms of a settlement agreement resolving earlier disciplinary charges against him.

Published on: February 9, 2021

Appeals Court Issues New Jersey Employment Law Decision About Whistleblower Retaliation, Discrimination and Harassment at New Jersey County College

by Maurice W. McLaughlin

The Appellate Division of the Superior Court of New Jersey examined the evidence necessary for claims of retaliation, discrimination and harassment under New Jersey’s Law Against Discrimination and New Jersey’s whistleblower law, the Conscientious Employee Protection Act. The unpublished opinion also examined what law an employee may bring suit under for whistleblower claims at the same time she is also bringing claims of discrimination and sexual harassment under New Jersey employment law.

Background

Nadine Heller is an associate professor at Middlesex County College (“MCC”). She received tenure in that position and still holds it. She also held the position of Chair of the Visual and Performing Media Arts Department. As Chair she was part of the Department administration.

Published on: February 2, 2021

Appellate Division Allows New Jersey Employment Law Case Against Casino for Whistleblowing, Discrimination and Harassment to Proceed to Jury

by Maurice W. McLaughlin

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 Casino, LLC, Regina Fox was employed as director of security by DGMB Casino, LLC (the corporate name for Resorts Casino Hotel), and had worked there for thirty seven years. She was sixty two. As director of security, she was in charge of staffing requirements and other regulatory mandates of the New Jersey Division of Gaming Enforcement. Any changes in staffing were required to be reported to the Division.

Published on: April 2, 2020

New Jersey Provides Coronavirus Relief to Small Businesses

by Pauline M.K. Young

The Federal and State Government has set up avenues of relief to assist businesses in these hard times in the form of loans and grants. Below is rundown of the New

Jersey Economic Development Authority (NJEDA) Small Business Emergency Assistance Grant Program, through which New Jersey is offering Coronavirus relief to small businesses.

What is it?

Published on: March 10, 2020

Civil Service Hiring, Eligible Lists, and the Rule of Three

by Maurice W. McLaughlin

Collectively, New Jersey state and local governments are the largest employer in the State. Most of these jurisdictions are governed by the New Jersey Civil Service Act. In New Jersey Civil Service jurisdictions, hiring, firing, promotion and discipline is governed by the Civil Service Act and Regulations. This makes the Civil Service System one of the most important elements in New Jersey employment law.

The Use of Eligible Lists in Hiring and Promotion

Candidates for initial hiring and promotion in the permanent, career, unclassified civil service are selected and appointed based on their civil-service-jobs-300x200 placement on eligible lists (also referred to as “certifications”). There are five types of eligible lists: Open competitive lists, promotional lists, regular reemployment lists, police and fire reemployment lists, and special reemployment lists.

Published on: October 9, 2019

Third Circuit Upholds Jury Verdict Finding Age Discrimination Under New Jersey Law Against Discrimination

by Maurice W. McLaughlin

New Jersey’s Law Against Discrimination has rightly been called one of the strongest employee protection laws in the nation. This is true both because of the broad range of inherent characteristics which it protects from discrimination, and the strong legal protections and remedies it provides. In short, the Law Against Discrimination prohibits employers from discriminating against employees because of a wide range of inherent qualities which make them who they are. It likewise prohibits harassment because any of these characteristics as well. These protected characteristics include race, creed, color, national origin, nationality, ancestry, sex (including pregnancy and sexual harassment), marital status, domestic partnership or civil union status, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, liability for military service, and mental or physical disability, including AIDS and HIV related illnesses. It also prohibits discrimination or harassment because of an employee’s age.

The Andujar Case

The Third Circuit Court of Appeals, which hears appeals from the federal district courts in New Jersey, Pennsylvania, Delaware and the United States Virgin Islands, recently issued an instructive opinion in the appeal of an age discrimination verdict under the Law Against Discrimination in the case of Santos Andujar versus General Nutrition Corporation.

Published on: March 13, 2018

McLaughlin & Nardi, LLC Congratulates its Newest Member, Pauline Young

by Maurice W. McLaughlin

photo__1894482_mclaughlin_nardi_4712
McLaughlin & Nardi, LLC, welcomes aboard the firm’s newest member, Pauline Young. Pauline M.K. Young joined us when she was a student at New York Law School. For some reason, after getting to know us she decided to stay. We could not be happier. Besides being an excellent attorney, Pauline is, as Reggie Jackson said, the “straw that stirs the drink.” She is detail oriented, but excels at working with our staff, attorneys, clients, adversaries, judges and juries, and keeping us on an even keel in the most stressful of environments.

Pauline’s practice includes employment law, commercial law, insurance and professional malpractice, tax litigation, business and real estate transactions, solid waste law (including both litigation, transactions and A-901 applications), among a diverse set of cases she has handled. To say this, however, is give a dry listing of her experience and ignore where her talents lie. Pauline can be handed the most complex set of problems, figure them out, determine a winning strategy, and pursue it to a successful conclusion.

For example, in one recent case Pauline stepped into a complex construction defect/commercial landlord-tenant case as it was about to go to trial. She took literally tens of thousands of pages of documents, organized them – but more importantly, in an extremely short time digested and understood them – and put together a winning trial strategy in a case where each side introduced more than five hundred exhibits over two months in a hard fought trial.

Published on: November 22, 2017

Happy Thanksgiving From McLaughlin & Nardi, LLC

by McLaughlin & Nardi, LLC

As the holiday season creeps up on us, it’s good that we have the chance to reflect on what we are thankful for. Here at McLaughlin & Nardi we have much to be thankful for this year.

First, we are thankful for you who give us the opportunity to help people for a living. This is a gift which for which we are profoundly grateful.

Second, we are grateful for the people who help us do that. This includes all of the people who work here. There are those whom you see, such as our attorneys and paralegals, but there are many who you don’t see, including those who do the administrative, research and support work which allows the rest of us to be your advocates and counselors. They are more than just coworkers; they are family.