Author Archive for Allan E. Richardson

What is the NJ Family Leave Act and What is Important to Know?

shutterstock_214001707The New Jersey Family Leave Act (FLA) requires that employers that are bound by the law grant eligible employees time off from work in regards to the birth or adoption of a child or the serious illness of a parent, child or spouse. The FLA provides up to 12 weeks of leave in a 24-month period to anyone working for an employer with 50 or more employees, must have been employed for at least 12 months, and worked at least 1000 base hours within those 12 months. If you believe that your rights are being violated in relation to the NJFLA, contact an attorney immediately.

Richardson Employment & Civil Rights Law, LLC serves clients across Gloucester County and New Jersey regarding employment and civil law. If you need legal advice or effective representation, contact our Woodbury office for a consultation.

What is the New Jersey law Against Discrimination?

bad employee fired terminationIn New Jersey, the Law Against Discrimination (LAD) protects people of a “protected class.” Some of these include race, gender, age, disability, sexual orientation, and more. Similar to the EEOC, the Division of Human Rights investigates violations of the LAD and offer victims of harassment and discrimination a way to better their situation through administrative and civil relief. If someone files a complaint with the Division of Human Rights, the governing body will investigate and, if they find evidence of a valid case, will try to settle the matter.

Richardson Employment & Civil Rights Law, LLC is an effective law firm focused on employment law and civil rights matters. If you need legal advice or effective representation, contact our Woodbury office for a consultation.

What is the EEOC and what should I know about it?

divorce mediation 2When a NJ employer faces charges from the EEOC, they may come to us and ask what it is and what it means for their business. The EEOC, Equal Employment Opportunity Commission, is the governing body that investigates complaints against employers who break federal law regarding discrimination, harassment, and more. The EEOC will work to make some kind of reasonable resolution if they find the claim to be valid. In cooperation with the Division of Civil Rights, both bodies will investigate the matter and make a recommendation on how to resolve the matter.

Richardson Employment & Civil Rights Law, LLC works with clients across the state of New Jersey regarding employment and civil law. If you need legal advice or effective representation, contact our Woodbury office for a consultation.

What happens after I file a complaint with the Division of Civil Rights in NJ?

EEOCWhen our clients’ rights are violated, we will work to ensure their future is not impacted. If we have helped you file a complaint with the Division of Civil Rights, you may be wondering what comes next. Often, if a complaint is accepted and a response from the respondent is provided, the DCR will begin an investigated. There are three possible outcomes to the investigation. Generally, a “finding of probable cause” means that they have found that probably cause exists to credit the allegations of the Verified Complaint. When the investigation come back with a “finding of no probable cause”, the investigation has found no evidence of wrongdoing and the case is closed. If the investigation comes back with an “agency determination”, the investigation has found some of the allegations to have some validity. Following the investigation, the Director will review the case give their opinion on the matter.  From here, the case will go through the process  of conciliation, where the DCR tries to settle the matter. If nothing can be settled, the case will go to the Office of Administrative Law (OAL) and a full hearing will take place.

Richardson Employment & Civil Rights Law, LLC works with clients across Gloucester County and the state of New Jersey regarding employment and civil law. If you need legal advice or effective representation, contact our Woodbury office for a consultation.

How does Sexual Harassment relate to the LAD?

sexual harassment workplaceThe New Jersey Law Against Discrimination prohibits harassment based on protected characteristics such as race, nationality, and gender. Sexual harassment is no different. The LAD prohibits unwelcome sexual conduct and protects employees who are victimized by the conduct. According to the LAD, there are two types of sexual harassment. There is quid pro quo sexual harassment and hostile work environment sexual harassment. Quid pro quo sexual harassment is when someone offers a benefit to another in exchange for sexual favors. Hostile work environment sexual harassment occurs when a person’s working environment is negatively impacted by sexual, abusive, or offensive conduct. Victims of sexual harassment don’t have to be the subject of the conduct and anyone could be a perpetrator. If your employment has been impacted by the conduct of someone in the workplace, you should contact an attorney and protect your rights.

Richardson Employment & Civil Rights Law, LLC serves Gloucester County and the state of New Jersey with quality legal services regarding employment and civil law matters. If you need legal advice or effective representation, contact our Woodbury office for a consultation.

Do Employees Have to Notify their Supervisor if Diagnosed with Illness?

Businesspeople in a MeetingWe occasionally get calls from New Jersey employees who’ve been diagnosed with a bad disease, something that’s going to cause them a lot of pain, a lot of difficulty, and probably a lot of time off from work. One of the questions that they always ask is whether they should tell their boss, usually because they’re concerned about losing their jobs, which is totally understandable. You don’t have to tell your boss anything about your medical condition unless it directly affects your employment and the company has ample reason to inquire about it. That doesn’t happen as often as you might think. What will arise though is if your treatment requires you to go out on Family Medical Leave or the New Jersey equivalent. Then you’ll have to release some information about your medical condition. You will at least have to have a certification from a physician saying that you’re treatment will require you to be out for awhile. Other than that, it’s really none of your boss’s business what’s going on. Fortunately, most people have a good enough relationship with their employer where they can share this information because often your employer and your co-workers make up a good support group. You only have to look at the situation you’re in rather than look at a blanket statement that might not cover everybody.

This short informational blog was provided by Allan Richardson, a New Jersey Employment Lawyer for Employees. Please contact the law firm with any questions you may have and set up your initial consultation.

 

Discrimination, Harassment, and Retaliation Law

boss fired disciplineWe have a little advice to any employee who suspects that they are being subjected to discrimination, harassment or retaliation in the workplace or who is undergoing a change in how their employer sees them. That advice is to keep track of what’s going on. You owe it to yourself to do a complete write up of what’s happened to you and when. If you’ve gotten verbal counseling, write it down. Tell us who it was that did the counseling, what the subject matter was, and whether you think it was justified and why. If you’ve gotten a suspension or demotion or any kind of adverse action, write it down. There’s two reasons for this. Number one, when we’re evaluating a case, we need to have this information so we can determine whether your situation is serious enough that we’re going to recommend that you go through the ordeal of litigation. Secondly, if you do go through litigation, this document is of critical importance to you. Litigation is a marathon, not a sprint, and we take every case as if it’s going to go to trial. In New Jersey, cases generally take at least two and usually three years between inception and trial. Your memory of events will not be as good three years from now as they are today. You owe it to yourself to write down what’s going on so that you can refresh your recollection when you need that information the most.

This short informational blog was provided by Allan Richardson, a New Jersey Harassment and Discrimination Attorney. Please contact the law firm with any questions you may have and set up your initial consultation.

Discrimination in Workplace

stop forclosureOne area of law that is of great concern to employers in New Jersey is New Jersey’s law against discrimination. This is one of the most powerful laws in favor of employees in the country. It covers not only discrimination but also harassment and retaliation against employees who have spoken out against discrimination or harassment. It’s a very costly kind of case to defend, and it can result in catastrophic damages to the employer. There is no way to bullet proof yourself against such claims, but you can protect yourself and at least make a good case for yourself by training your supervisors and their obligations under the law and also training the employees too. Have a clearly written anti-harassment policy and enforce it as even handedly as you can. Those are about the only ways you can protect yourself. You really can’t protect yourself against people doing stupid things on your dime when you’re not around to watch, but you can minimize the damage and put a stop to some of them at least.

This short informational blog was provided by Allan Richardson, a New Jersey Discrimination Attorney. Please contact the law firm with any questions you may have and set up your initial consultation.

Disabled Employee

social securityYou have a problem that’s going to be difficult to deal with and the law is very unclear. If you’ve already provided one accommodation that you and the employer agreed would work for that employee, continue to make that person productive and useful to you. You’re not under any obligation to do everything that is possible to keep an employee even if they’ve got a disability. Whatever solution you have has to be reasonable for the employee and not produce an undue hardship on you. You’re going to have to engage in further discussion to see if there’s something that can make this work.

This short informational blog was provided by Allan Richardson, a New Jersey Employment Lawyer for Employers. Please contact the law firm with any questions you may have and set up your initial consultation.

Company Suddenly Demands a Non-compete Agreement

shutterstock_215478022We get complaints from New Jersey employees every now and then that they’re being faced with a situation where their employer, even if they’ve been working there for a number of years, is suddenly requiring non-compete agreements. They’re being told that if they don’t sign they’ll be fired. They want to know what they can do under those circumstances. Unfortunately, there’s nothing you can do except either sign the non-compete or be fired. One of the questions that you have to ask yourself is whether it’s better to continue to have a job and hope that your non-compete is not enforceable or to stand on principal and end up without a job. I do recommend that you do  have the non-compete agreement reviewed by an attorney before you sign it, but ultimately it’s going to come down to either signing it or giving up your job.

This short informational blog was provided by Allan Richardson, a New Jersey Non-Compete Agreement Lawyer. Please contact the law firm with any questions you may have and set up your initial consultation.

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