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As a result of the coronavirus (“COVID19”), the federal government has taken significant action to provide relief to individuals and business struggling with civil-service-jobs-1-300x200economic hardships as a result of lost business during widespread closures and stay-at-home orders. The first major legislation passed by the federal government was the Families First Coronavirus Response Act which provided job protection and paid leave provisions.  Now, the government has recently passed the Coronavirus Aid, Relief, and Economic Security Act (also known as the “CARES Act”).

The CARES Act provides for approximately $2 trillion in relief aid through expanded unemployment assistance, individual relief checks, tax credits, loans, and grants to businesses which were closed or significantly effected by COVID-19, and funding to hospitals and health care facilities.

Small businesses in particular which are struggling with the current situation economically should look into applying for one or more of these relief options.  For example, a business may apply for a $10,000 immediate advance to cover emergency costs that they are unable to pay because of the COVID-19 situation.  Expenses covered would, of course, have to be legitimate business costs such as payroll and utilities.

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Addict, Addiction, Amsterdam, Cannabinol
New Jersey’s Law Against Discrimination (“LAD”) protects employees from adverse employment actions (being fired or demoted for instance) based on any protected characteristic such as disability, race, gender, age, etc.  For employees with disabilities, the LAD has been interpreted by the Courts  to require employers to provide reasonable accommodations to employees with disabilities.

In July of 2019, Governor Murphy signed the Jake Honig Compassionate Use of Medical Cannabis Act, amending New Jersey’s Compassionate Use of Medical Marijuana Act (“CUMMA”). This amendment  added several provisions, including that it is now unlawful to take adverse employment action against an employee who is registered as someone permitted to obtain and use medical marijuana. However, this does not protect an employee from being fired or otherwise subject to an adverse employment action for possession of marijuana at work or using during work hours or at the workplace location.

While this is a new law, the Courts have already been coming to much the same decisions.  Indeed, in the case of Wild v. Carriage Funeral Holdings, Inc., the court considered a case where an employee was fired in 2016 when the employers found out that he used medical marijuana (legally) as part of his cancer treatment/pain management.  Plaintiff sued the former employer for unlawful discrimination and failure to accommodate a disability.  The trial court dismissed the action based on the law’s language (which has since been removed as part of the amendment) that nothing in the act “shall be construed to require an employer to accommodate the medical use of marijuana in any workplace.”)

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Hello everyone, I am Pauline Young. I am one of the partners here at McLaughlin & Nardi, LLC.  First of all, I should say forgive me for my informal attire today, with the coronavirus, we are working with what we have here.

New Jersey Coronavirus Employment Issues

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In the time of the Coronavirus (COVID19), many people are concerned about the likelihood of needing to file for unemployment benefits in New Jersey in the near future.

Certainly, many people will be in need of New Jersey State assistance in 2020 and beyond as a result of the coronavirus pandemic and its effects.

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Coronavirus be damned, McLaughlin & Nardi is open to help the people and businesses we served for years get through this crisis, and we’ll work with new ones too. This too shall pass, but in the meantime we are here to help you.

Governor Murphy has indicated that he will be shutting down all nonessential businesses. We think we are essential, but if he tells us to close our doors so we will, but we will not close our firm. We are set up to operate remotely, and will be fully functional to help you during this time of need.

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A main goal of the New Jersey Civil Service Act is to ensure that employment decisions are based on merit and fitness, and therefore to prevent discrimination, political cronyism, corruption and nepotism from being a consideration.  Thus, the Legislature has given civil service office-workers-2-300x200employees the ability to appeal most employer imposed discipline to the New Jersey Civil Service Commission.

Right to Appeal Major Discipline to the New Jersey Civil Service Commission. 

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Qualified candidates for permanent, career, classified New Jersey Civil Service veterans-300x200employment who meet the Civil Service definition are eligible to receive a veterans and disabled veterans preference, which increases their ranks on eligible lists.  The courts have explained that the purpose of the preference is to “reward those whose military commitments, commissioned or enlisted, were of such a nature and duration as to interfere substantially with an individual’s civilian status.”

Veterans Eligible for Preference

Not all “veterans”, as the term is generally used, are eligible for a New Jersey Civil Service preference.  Only “veterans” and “disabled veterans” of certain military operations as defined by the New Jersey Civil Service Act are eligible.   Thus, veterans of some military operations, such as, for example, Operations Earnest Will, Nimble Archer and Praying Mantis, in the Persian Gulf Region in 1987 and 1988, are excluded.

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Hello.

This is Robert Chewning from McLaughlin & Nardi.  I am here today to talk about Civil Service Commission appeals, specifically list bypass appeals.

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