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New Jersey Employment Lawyer Blog

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Employer Cannot Fire Employee for Requesting Time Off for Disability

A recent employment law case from the District of New Jersey demonstrates that you might be entitled to time off from work for a disability under the New Jersey Law Against Discrimination (“LAD”) even if you are not protected by the Family & Medical Leave Act (“FMLA”). Colleen Pizzo worked…

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Ineffective Policy No Defense to Sexual Harassment Claims

A recent decision by New Jersey’s Appellate Division makes it clear that merely having an anti-harassment policy does not insulate employers from sexual harassment lawsuits. The ruling comes on the heels of the New Jersey Supreme Court’s ruling earlier this year in Aguas v. State of New Jersey, which created…

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New Jersey’s Whistleblower Law Protects All Employees, Including “Watchdogs”

Yesterday, the New Jersey Supreme Court ruled that New Jersey’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”), protects employees who blow the whistle about issues that relate to their job duties. CEPA is a broad whistleblower law. It prohibits employers from retaliating against employees who, among other things, object…

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Court Must Reevaluate Whether Workers Are Independent Contractors or Employees

The United States Court of Appeals for the Third Circuit recently ruled that the United States District Court for the District of New Jersey applied the wrong test to determine whether Sleepy’s LLC misclassified its delivery workers as independent contractors, rather than as employees. The case was decided under the…

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Employee Prosecuted for Stealing Documents to Prove Discrimination Claim

Last week, the New Jersey Supreme Court permitted criminal charges to proceed against an employee who took documents from her employer to try to prove her employment discrimination and retaliation claims. Ivonne Saavedra worked as a clerk for the North Bergen Board of Education. In 2009, she filed a lawsuit…

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Employers Must Accommodate Job Candidate’s Religious Beliefs Without Request

The United States Supreme Court recently ruled that an employer cannot refuse to hire a job candidate because she needs a reasonable accommodation for her religious practice even if the prospective employee did not request an accommodation. The decision was made under Title VII of the Civil Rights Act of…

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