Earlier this year, the New Jersey Supreme Court recognized that an employee who quits a job to accept another job offer, only to have the new employer withdraw its offer, may be able to recover “reliance damages.” In other words, he might be able to recover damages based on the…
New Jersey’s Appellate Division has recognized that, although a client has the absolute right to fire its in-house counsel, the lawyer is entitled to damages if the employer fired him without cause, in breach of an employment contract. Kirk Nelson worked as in-house counsel for the Elizabeth Board of Education. …
As I have said before, it is a widely view that individuals are much better off having their employment law disputes resolved in court rather than in arbitration. Fortunately, a recent decision by the New Jersey Appellate Division helps make it more difficult for employers to force employment law cases…
Earlier this week, the New Jersey Supreme Court ruled that private parties cannot agree to shorten the two year statute of limitations that applies to the New Jersey Law Against Discrimination (“LAD”). The case was filed by Sergio Rodriguez. When Mr. Rodriguez applied for a job as a Helper for…
A New Jersey court recently ruled that a company can be liable for breach of contract, among other claims, when it withdraws a job offer after an employee resigns from his current job based on the new job. The job offer was made by Onward Search, a staffing company, to…
A recent ruling by New Jersey’s Appellate Division makes it clear that, in some circumstances, an employee can enforce an employment contract even if the individual who entered into it on behalf of the company did not have the authority to do so. The case was filed by four individuals,…
A recent New Jersey Appellate Division ruling provides a good example of how dangerous it can be to compete with your current employer. B&H Securities, Inc. designs, sells and maintains security monitoring systems. In spring 2007, three of its employees, Michael Poisler, Marc Palladino and Duane Pinkney, decided to start…
A recent case, Kaplan v. Greenpoint Global, provides a good example of several claims an employee might be able to bring if an employer fails to live up to the promises it made. On December 1, 2010, Leslie Kaplan began working for Greenpoint Global as its Director of Legal Services.…
Earlier this month, in Temple-Inland, Inc. v. Kenneth Dee, New Jersey’s Appellate Division ruled that a company could be liable for failing to inform an employee about a change to its commission plan until after the change went into effect. The case also addresses numerous other issues in a complex…
New Jersey’s Appellate Division recently ruled that employers can enforce agreements that shorten the statute of limitations for employees to bring claims against them. Sergio Rodriguez applied for a job as a helper at Raymour & Flanigan in August 2007. Mr. Rodriguez was born in Argentina and speaks limited English.…