The EEOC defines harassment as "unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information." To be actionable at law, the harassment needs to be aimed at these protected...
Month: August 2019
Handling an Employee Complaint
As an employer and an entrepreneur, the highest and best use of your time is spent in working in your business. The most frustrating part of your job as a manager is likely to be the moment when you receive the charge from the NJ Division of Civil Rights (DCR) or EEOC...
Pregnancy Discrimination in New Jersey
Understanding New Jersey’s Pregnant Worker’s Fairness Act in the Law Against Discrimination. In March 2021, the New Jersey Supreme Court issued its first opinion addressing the Pregnant Workers Fairness Act, a recent amendment to New Jersey Law Against...
Criminal Penalties for Employment Claims
On June 3, 2021, in Van Buren v. United States, the United States Supreme Court reversed and remanded a lower court decision allowing employers to seek criminal sanctions against an employee who misused his work computer for his own benefit. The employee, a...
Constructive Discharge: Some Considerations
Workplace conflicts are as bad, if not worse, that conflicts at home. You spend more time at work and with co-workers and managers than you do with your family, and in many instances, you have been with your employer longer than you have known your spouse. ...
News Alert: N.J. Executive Order 243
N.J. Executive Order 243 Effective June 4, 2021, NJ Executive Order 243 lifts a lot of the indoor restrictions imposed on employers by E.O 107 and 192. For businesses of all sizes who are not open to the public, you don't have to continue to offer teleworking...
Childcare Accommodations in the Workplace
Casey Stern, a former Turner Sports anchor, sued the network and Warner Media, accusing them of failing to accommodate his child care needs. Stern’s ex-wife and her boyfriend have been indicted on 15 felony counts for abusing his children. Stern’s complaint,...
What if HR has just scheduled a meeting with you?
Every employee dreads the email, call or calendar invite to an HR meeting, especially the surprise one, the one you did not schedule. You may receive this notification a few minutes before the meeting or the morning you arrive at work. If you are a part of a company...
Do you have to hire a disabled person over another potential employee?
As an employer who gets regular applications from potential employees, you never have a lack of people to select from. In your last round of applicants, you had several excellent people apply for the job. Among them was one person with a disability. Their work record...
Not A Good Fit
What does this really mean when used by your employer at your termination or during a performance review? It’s a catch-all phrase that covers up a multitude of the real reasons for termination. “Not a good fit” can mean that the manager didn’t like your...
What HR Can And Cannot Do At Your Termination Meeting
No one enjoys a meeting with HR. You are either about to make a complaint about someone, be “counseled” on your performance, or let go from your job. Even if the termination is not related to your performance, it still means you are losing your job and are likely to...
Are You Required to Arbitrate Your Claims Against Your Employer?
When starting a new job or confronted with a new employment agreement, make sure you understand what arbitration agreements mean to you as an employee.
2020 Solo Small Firm Conference-NJSBA
