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Blogs > NJ Employment Law Blog

Termination

Nov 15, 2018

Register Now for Our 2018 Hot Topics Seminar!

The last in this year’s series of complimentary breakfast seminars will  feature a panel of speakers presenting in-depth on five emergent topics, which include:

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Mar 08, 2018

Electronic Delivery of Arbitration Agreements: Make Sure You Have Proof of Assent

Craig Schmell was a Senior Vice President with Morgan Stanley in Red Bank, New Jersey, until his termination of employment in October 2017.  Schmell filed a federal lawsuit claiming his firing constituted discrimination based on his status as a recovering addict. » Read More

Feb 23, 2018

Be Careful What You Say: Not Everything’s O.K.

The National Labor Relations Act (“NLRA”) makes it unlawful to terminate an employee who engages in concerted, protected activity, which generally means that you can say, object and complain, and offer suggestions to your employer without fear of termination of employment or other adverse actions so long as your conduct is in the mutual aid and protection of your co-employees and relates to the terms and conditions of employment.  » Read More

Jan 29, 2016

The Anonymous Employee Complaint Letter. What’s An Employer To Do?

Every employer has received one: the anonymous letter or email in which someone complains about one of your employees.  How is an employer supposed to respond when faced with one of these complaints?  This question was answered by New Jersey’s Appellate Division in the case of In The Matter of Paul Williams, Township of Lakewood, ____  N.J.Super ____ (App. » Read More

Sep 29, 2015

Arbitration Clause in Employee Handbook Found Not Enforceable

In the recent New Jersey Appellate Division decision C.M. v. Maiden Re Insurance Services, LLC, et al., A-2913-13T1 (App. Div., Sept. 18, 2015), the Court refused to enforce an arbitration clause contained within the employer’s employee handbook.

This case arose in the context of plaintiff’s claim under the New Jersey Law Against Discrimination, where the plaintiff claimed the defendant employer failed to reasonably accommodate her disability and ultimately terminated her employment based on that disability.  » Read More

Jun 24, 2014

Shortening Of Statute Of Limitations By Agreement Contained In Employment Application Deemed Enforceable

In a decision that affects every employer and employee in the state, the New Jersey Appellate Division has held that a contractual provision contained in an employment application that shortens the statute of limitations for employment claims to six months is enforceable.  » Read More

Mar 14, 2014

New EEOC Guidelines on Religious Garb and Grooming in the Workplace

On March 6, 2014, the EEOC issued two new publications addressing rights and responsibilities regarding religious dress and grooming in the workplace under Title VII.  Given the steady increase in charges of religious discrimination filed with the EEOC, it is hoped that these practical guidelines will assist employers in complying with the law. » Read More

Nov 14, 2013

Termination: How to Achieve a Valid Release

Recently, the New Jersey Appellate Division reversed a trial court decision which had dismissed plaintiff’s claims under the New Jersey Law Against Discrimination (“LAD”) because plaintiff had signed a release of all claims.  The appellate court determined that the release was not “knowing and voluntary.”  The decision is a primer for employers who want to obtain a valid and enforceable release from employees who are terminated. » Read More