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Articles Posted in Labor and Employment Law

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New Jersey Employment Law Decision Examines Employee’s Claims of Employer Retaliation for Filing Lawsuit Under NJ Law Against Discrimination

The New Jersey Law Against Discrimination is one of the main employee protections under New Jersey employment law.  The Appellate Division of the Superior Court of New Jersey recently examined the anti-retaliation provisions of the Law Against Discrimination.   The New Jersey Law Against Discrimination The Law Against Discrimination prohibits…

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New Jersey Non-Compete Agreements and Employee Duty of Loyalty Examined by Appellate Division

  New Jersey law imposes certain requirements on the behavior of employees, whether through the common law or contract.  New Jersey employment law and business law will enforce restrictive covenants, including non-compete agreements, if they meet certain requirements.  However, the tests for enforceability are different for restrictive covenants contained in…

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Appellate Division Addresses Notice Required Before Teacher Waives Her New Jersey Tenure Rights

New Jersey employment law provides many protections to employees.  One of the strongest of these is the tenure rights afforded to public school teachers.  Even with such strong protections, for many reasons employees sometimes decide to forgo these rights.  The Appellate Division of the Superior Court of New Jersey recently…

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The New Jersey and United States Constitutions Do Not Protect Private Employees’ Free Speech Rights

New Jersey whistleblower protection laws protect employees who object to or try to prevent illegal conduct by their employers, be they private sector employers or state or local government employers.  However, while New Jersey employment law gives strong protection to employees, a recent published appellate decision in the case of…

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New Jersey Employment Law Decision Upholds Non-Tenured School Employee’s Rights

In a recent New Jersey employment law decision, the Appellate Division of New Jersey’s Superior Court rejected a board of education’s argument that it had substantially complied with the requirements for giving notice to untenured employees whose employment contract was not going to be renewed for the following school year.…

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New Jersey Civil Service Law Allows for Reopening Disciplinary Appeal Based on Newly Discovered Evidence, Appellate Division Explains

A recent New Jersey employment law decision examined the procedures for reopening a Civil Service disciplinary appeal because of newly discovered evidence. The Newsom Case In the case of In the Matter of Kevin Newsom, New Jersey State Prison, Kevin Newsom, a civil service employee, was terminated as a corrections…

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The Veterans Preference and Disabled Veterans Preference in New Jersey Civil Service

New Jersey Civil Service law give a hiring preference to “veterans” which ranks them higher on eligible lists if they otherwise meet the eligibility requirements.  This is known as the Civil Service veterans preference. However, not everyone who is considered a “veteran” by the Federal Government, military, or Veterans Administration…

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New Jersey Civil Service Examination Appeals

The bedrock principle of New Jersey Civil Service law is that merit and fitness should be the only factor considered in employment decisions, and discrimination, nepotism, cronyism, politics and bribery should be eliminated in public sector employment.  The gateway to this system is the New Jersey Civil Service examination process,…

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New Jersey Civil Service Disciplinary Procedures at the Employer Level

New Jersey’s Civil Service System was enacted to keep politics, discrimination, favoritism out of employment decisions.  Therefore, civil service employees may only be disciplined for “just cause.”  The New Jersey and Federal Constitutions require that before any  government body may take action against anyone they must receive due process, which…

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New Jersey Civil Service Discipline

Background.   New Jersey Civil Service exists remove favoritism, nepotism, politics and other improper considerations from employment decisions.  This includes Civil Service discipline.  Because Civil Service employers are governmental entities, due process and fundamental fairness protections govern discipline. As far back as 1961, the Appellate Division gave a good summary of…

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