The New Jersey Appellate Division examined a town’s termination of payments to its former employee under a separation agreement when the employee became employed by another town. Background Alberto Cabrera was the municipal clerk of the Town of Guttenberg, New Jersey. As so often happens, the parties wished to terminate…
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act The New Jersey Arbitration Act and Federal Arbitration Act generally require enforcement of agreements to arbitrate disputes. This extends to the enforcement of arbitration agreements in employment contracts. However, in response to the #MeToo Movement, Congress passed the Ending…
The State Board of Examiners, which operates within the New Jersey Department of Education, is the agency charged with licensing New Jersey educators. It determines educator fitness and issues certifications required for New Jersey teachers and other teaching staff members. It also has the authority to revoke or suspend certificates…
A New Jersey employment law decision recently examined the effect of a conviction under the newly enacted New Jersey Police Training Act and with the New Jersey Police Training Commission in the case of Garcia vs. New Jersey Police Training Commission. Background Gregory Gacia was a police officer with…
New Jersey employment law provides that non-tenured educators must receive written notice that their employment contracts will not be renewed by May 15th or their contracts will be deemed to be renewed for the coming school year. A New Jersey appeals court recently issued a decision examining the procedure and…
An appeals court recently issued an opinion in the case of Hand v. Borough of New Providence, examining the rights of New Jersey police officers facing discipline in non-civil service jurisdictions Background The opinion explained that Michael Hand was a corporal with the New Providence Police Department, with thirteen…
New Jersey’s whistleblower law was recently amended to further protect New Jersey private and public sector employees from being forced by their employers to sit through required “captive audience” meetings in an attempt to improperly coerce their employees from exercising their rights. The Conscientious Employee Protection Act The Conscientious Employee…
In a recent New Jersey employment law decision regarding disability discrimination and employer’s duty to provide reasonable accommodations for disabled employees, a New Jersey appeals court explained in the case of Gould v. New Jersey Department of Transportation the requirement for employers to engage in a good faith “interactive process”…
New Jersey civil service law and education law provide that employee disciplinary charges can be settled. This applies to New Jersey governmental jurisdictions which are not covered by civil service or education law as well. One of the tools which are sometimes used for these settlements are “last chance agreements.”…
Restrictive Covenants and Non-Compete Agreements Restrictive covenants are clauses in contracts where the parties agree that one or both of the parties agree to restrict their ability to act in certain ways during or after the term of the contract. There are a variety of restrictive covenants, such as “non-poaching”…