In the world of Human Resources, “hire slow, fire fast” generally holds true to avoid just about any lawsuit. Unfortunately, for one NJ employer, it didn’t get the memo. And now it finds itself having to defend against FMLA interference and retaliation claims at trial. What did this employer do…
Want another reason not to enter into a long-term contract with an employee? Click through… * * * Most employment arrangements in the United States are at-will. That is, the employee may be fired (or may quit) at any time for any reason. Conversely, a term employment agreement is for…
You’re looking to hire a new salesperson. Scott Salesperson comes in to interview. He currently works for your top competitor. “Scott, do you have a non-competition agreement?” “No.” “Scott, do you have a confidentiality agreement?” “No. In fact, I have a list of my own customers that I could sell…
One of my favorite reads on NJ employment law is Ogletree Deakins’s New Jersey eAuthority. The June 2012 issue highlights several pieces of legislation now pending in NJ of which employers should take note. I’ve summarized four of them after the jump… * * * Severance yes, unemployment compensation…
You can access the state-by-state charge data here. And view it all in a single downloadable spreadsheet here. In the Commonwealth of Pennsylvania, individuals filed 4,302 charges of discrimination in FY2011, which amounts to 4.3% of the total number of US charges filed. As with Americans across the country, retaliation was…
Well, that didn’t take long. Late last month, I reported on a bill that had been introduced in the U.S. House of Representatives, known as the Social Networking Online Protection Act (SNOPA), that would prohibit employers, schools, and universities from requiring someone to provide a username, password or other access…
The Americans with Disabilities Act explicitly forbids discrimination against those who are actually disabled or “regarded as” disabled. As a NJ court once recognized, “Distinguishing between actual handicaps and perceived handicaps makes no sense.” Indeed, “prejudice in the sense of a judgment or opinion formed before the facts are…
Unfair treatment because of one’s language may be related to race or national origin discrimination. Indeed, language may be used as a covert basis for discrimination. But that’s not always so. A recent case and some helpful nuggets on English-only rules after the jump… In a recent NJ case, the…
It was just last month that I blogged about arbitration agreement tips for PA employers from the 3rd Circuit. I hate to leave NJ employers out of the loop, so today’s post is for you. Last week, the NJ Superior Court, Appellate Division, in Cole v. Jersey City Medical Center…
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post” d/b/a (just for today) “Eric’s 36th-Birthday Post”. *** Sigh *** Ahh…let’s get to today’s question: May an employee raise claims…