Employers were less likely to respond to applicants who said they had a disability, researchers show. Disability discrimination is widespread.  New Jersey law protects individuals with disabilities from discriminatory failure to hire, failure to promote and wrongful termination, and guarantees … more

An excellent New York Times article highlighting the disturbing trend of corporations denying consumers and employees of their constitutional right to a jury trial. Arbitration Everywhere, Stacking the Deck of Justice

The New Jersey Law Against Discrimination (LAD) protects individuals from harassment and discrimination in an employment setting, but it does more. LAD also protects individuals from harassment and discrimination in the provision of public accommodations. Thus, a patient in a … more

31 U.S.C. §§3729-3733 What is it? The Federal False Claims Act (the Act) was created by the U.S. Legislature in an effort to combat fraudulent claims against the U.S. government that cost the tax payers of the United States large … more

Termination Cases Under The New Jersey Law Against Discrimination1 Aided By The New Jersey Supreme Court In order for a terminated employee to prove that he or she has been discriminated against by his or her employer in violation of … more

General Covered Employees Eligible Employees Right to Leave Employee Notice Employer Notice Verification of an Employees Right to Leave Consequence of Employee Refusal to Verify Right to Leave Responding to an Employees Request for Leave Intermittent or Reduced Schedule Leave … more

By Elizabeth Zuckerman, Esq. I. CONTRACTS Different types of contracts protect employees to varying degrees. A. At-Will: Beginning with the least protective, we have the at-will employment relationship. Everyone knows that, in New Jersey, an employer may fire an employee … more

A. Attendance Control Issues Under the ADA: (Q) Can a chronically absent or tardy employee perform the essential functions of his/her job? (A) If so, an employer may have to modify its attendance policies as a reasonable accommodation, unless the … more

New Jersey courts have made it clear that independent contractors, such as the skating instructor inPukowsky v. Caruso, 312 N.J. Super. 171 (App. Div. 1998), are not protected by section 12(a) of the NJLAD. That provision makes it unlawful for … more

By Elizabeth Zuckerman, Esq. The Conscientious Employee Protections Act (“CEPA”), at N.J.S.A. 34:19-2e, defines “retaliatory action” as “the discharge, suspension or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of … more