Battaglia v. UPS New Jersey Supreme Court, September 2011 An employee sued for retaliation in violation of the Conscientious Employee Protection Act (CEPA) and the Law Against Discrimination (LAD) when he was demoted and became depressed and missed 5 months of work. ...
Protecting Your Rights And Interests, No Matter The Issue
Year: 2013
Whistleblower Actions in New Jersey – CEPA
The New Jersey Conscientious Employee Protection Act ("CEPA") (NJSA 34:19-1 et. seq.) protects employees from retaliation by their employer if the employee discloses or threatens to disclose to a supervisor or a public body some violation of law or other fraudulent or...
5 Things to Consider When Dealing with an Abusive Supervisor
PART I: Pre-Termination Counseling - Targeted Abuse Ever get that feeling that you are being targeted at work, that your supervisor appears to be picking on you more than others, or that suddenly, nothing you do seems right? Don't ignore your instinct that something...
How do you deal with the office bully?
PART II: Pre-Termination counseling - Work Place Bullies While none of the states in the union currently have laws preventing work place bullying, the trend is likely to spread from our European cousins. Currently, numerous employees are subject to harsh and abusive...
A Cautionary Tale in Board Service
A group of individuals volunteer for a non-profit Board. They have monthly meetings and work diligently to further the mission and objectives of the organization. They are periodically presented with some informal reports regarding the organization’s finances but...
Do you have a retaliation claim?
What is retaliation? A retaliation claim arises when: An employee has a good faith basis for believing that he or she is being discriminated against on the basis of sex, race, age, or some other protected category; and Make a complaint about that discrimination to...
WHISTLEBLOWER PROTECTION NJ
WHISTLEBLOWER PROTECTIONS FOR NEW JERSEY EMPLOYEES You might be a whistleblower if: (a) You refuse to participate in an employment activity which you believe to be against the law; (b) You refuse to participate in an employment activity which you believe to be in...
Workplace Investigations
As an employee, you may be asked to participate in a work place investigation in one of three scenarios: as a target, as a complainant, or as a witness. In each instance, take special care to document your involvement either by emails to HR or memos to your self made...
Misclassification and the Affordable Healthcare Act
Before ObamaCare, employers could loosely characterize an individual's relationship with the company as either an employee (W-2) or an independent contractor (1099). After the enactment of the Affordable Healthcare Act, all employers must be extremely careful about...
The Backstory
Not only is it important to have a written contract that clearly and unambiguously outlines the terms of your agreement, now more than ever, it is important to have written documentation detailing the contract negotiations and the parties' intent leading up to the...