The law invests law enforcement officers with significant authority. New Jersey employment law therefore imposes on them a high standard of conduct. And while progressive discipline governs the review of disciplinary infractions, particularly in the civil service context, serious offenses can result in termination even for a first offense. Sometimes…
A recent New Jersey employment law decision by the Appellate Division of the State Superior Court in the case of Matter of Brian Clancy, illustrates the procedures – and some of the pitfalls – of appeals from the removal of candidates from civil service eligible lists. Background: Removal from…
In an important employment law decision, New Jersey’s Supreme Court once again considered the actions necessary to constitute illegal workplace harassment in the case of Rios v. Meda Pharmaceutical, Inc. In this case the alleged harassment was based on an employee’s race and ethnicity in violation of New Jersey’s Law…
New Jersey’s Law Against Discrimination prohibits employment discrimination, including age discrimination. In interpreting this state law, New Jersey courts look to federal employment law, including the Age Discrimination in Employment Act, or the “ADEA,” passed by Congress in 1967. A recent case by the United States Court of Appeals for…
A recent New Jersey employment law decision in the case of In the Matter of Wilfred Guzman, Rockaway Township Police Department, examined what penalties are available against a New Jersey civil service law enforcement officer. Background Wilfredo Guzman was a police officer with the Rockaway Township Police Department, a…
Attaining tenure is a milestone for public school employees. Under New Jersey employment law, tenure carries legal protections against termination or discipline without just cause, and requires formal tenure charges and the right to challenge those charges through a hearing and appeal process. These protections are extremely valuable. Much literature…
Police officer discipline has significant ramifications under New Jersey employment law, whether the officer is in a civil service or non-civil service police department. These extend beyond the ramifications of discipline for other public and private employees in New Jersey. The Appellate Division of the New Jersey Superior Court recently…
New Jersey employment law governs the classification of workers as employees or independent contractors. The classification is important and fact sensitive. It has far reaching consequences. The Appellate Division recently issued a published opinion in the case of East Bay Drywall, LLC vs. the Department of Labor and Workforce Development,…
Some important New Jersey employment law issues were explored in a recent opinion issued by the Appellate Division of the Superior Court concerning the New Jersey Law Against Discrimination in the case of Kazaba versus Randolph Township Board of Education. The Kazaba Case Charles Kazaba sued the Randolph Township…
A frequent problem in New Jersey employment law occurs when a business offers someone a job without a contract, that person then quits their current employment, the business rescinds the offer, and the employee is left without a job. There is no contract, so the employee cannot sue for breach…