Archive for For Employees

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.

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.

 

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.

Collect Unemployment after Being Terminated?

shutterstock_214333192 We get questions from New Jersey employees who have been terminated as to whether they can collect unemployment. The fact of the matter is there really is no one answer to that. It depends a lot on how you were terminated and why. If you were terminated with cause for misconduct at work, you will be disqualified from unemployment for a period of time. If, however, you were let go for other reasons such as lack of work or some question as to whether you were capable of doing a job but not by intentional misconduct, you will probably qualify. This is, again, a fact based analysis and can’t be answered just by opening a book and saying, “yes this is what’s going to happen.”

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

Can Someone Collect Unemployment after Getting Severance Package?

shutterstock_218117338We’re frequently asked whether someone who’s receiving a severance package can still claim unemployment, and that really depends on how the severance package is structured. Let me give you an example. If you have a severance package where you are entitled to a lump sum payment, then as soon as you receive that payment you can apply for unemployment and collect. On the other hand, if you have a severance package which is essentially keeping you on the payroll for say 10 or 12 weeks, then you’re considered employed for the duration of that severance package and cannot collect unemployment on top of your severance.

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

Can One Party Record the Conversation without Notifying the Other?

shutterstock_214380451 A question that comes up repeatedly is whether in New Jersey you can record conversations whether by phone or in person without letting the other person know, and the answer to that is yes. New Jersey is a one party notice state. What that means is as long as one party involved in the conversation knows about it and consents to it, the recording is legitimate. That one person can be the person doing the recording. That doesn’t mean that you’re going to get away scott-free. It may not be a violation of the law, but if you’re recording people in the workplace and the employer finds out that employer may very well terminate you for conduct detrimental to the workplace.

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

Can Employers Ask New Employees to Gain Access to their Social Media?

shutterstock_187286180A big concern among employers in New Jersey and nationwide for that matter is whether they’re hiring somebody who has had some really outrageous comments in social medial that would come back and reflect badly on the company. Some employers want to have access to those social media pages and ask for their passwords and user names so they can get on and see what people have done. That’s not a good idea and in fact is now unlawful in New Jersey. You can’t get access to them. However, there’s nothing to stop you from going on line and seeing what they have posted publicly because that’s fair game. One of the caveats is that you must have a policy about this. In other words, you can’t single out one employee and look at their Facebook page and not do it to other employees. Make it a uniform policy and, even better, hire an outside agency to do that work for you so you’re getting an independent view of it.

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

Can Employees Take Time Off Due to Their Illness?

oxygen hospital injury pregnantA lot of New Jersey employees are confused about whether they can get any time off from work as a result of their own illness or injury. The truth is, some can and some can’t. At the federal level there’s a law called the Family Medical Leave Act which provides for unpaid time off if you or a loved one or a family member is having a serious medical condition that requires you to be off. It doesn’t apply to everyone though. It only applies to employers that have 50 or more employees within a given radius and if you have worked a minimum of 1250 hours during the last 12-month work period. If neither of those conditions apply, you don’t get family medical leave. If only one applies, you don’t get family medical leave. Even if you do qualify, bear in mind that’s unpaid leave, and it only lasts for 12 weeks. After 12 weeks, your employer can replace you if the circumstances are right and if it does not appear that he’s discriminating against you on the basis of your disability. Your employer also can force you to use accrued vacation and sick time and any other time available to you during your FMLA. In other words, it doesn’t extend the amount of time you have off, so yes you can get time off but it may not be as attractive as you think.

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

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