Articles Tagged with NJ employment lawyers

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The New Jersey Law Against Discrimination is one of the strongest anti-discrimination employment laws in the country.  Under the Law Against Discrimination, discriminatory harassment which constitutes a “continuing violation” can be actionable even if it occurred before the two-year statute of limitations provided that it was a continuous course of conduct which only ended within the limitation period.  A New6-300x225 Jersey appeals court recently examined when harassment does, and doesn’t, constitute a continuing violation in the case of Michael Acey vs. City of Paterson, Manuel Ojeda and William Rodriguez.

Background: The Allegations

According to the Appellate Division’s opinion, Michael Acey was hired by the City of Paterson in 1998 as a laborer in the Department of Public Works. He was promoted to supervisor in 2012.  In 2017 he was promoted to supervisor of the night shift at his own request so that he could work a second job.

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An appellate court recently issued two opinions in appeals from the New Jersey Civil Service Commission regarding the termination of three police officers sought by the Jersey City Police Department because the officers were positive for marijuana use in urinalysis tests.  In the decisions, the court set a line between when termination is allowed and when prohibited under New Jersey’s regulation of marijuana use.joe-b-300x200

Three Positive Urinalysis Tests

The three officers, Norhan Mansour, Omar Polanco and Montavious Patten, all had positive results for marijuana from urinalysis tests.  In subsequent interviews with Jersey City Police Department Internal Affairs investigators, they admitted the use.  Officers Mansour said that he had purchased the marijuana at a legal dispensary and produced receipts.  Officer Polanco also stated that he had purchased the marijuana at a legal dispensary but did not have receipts.  Officer Patten purchased the marijuana from a friend named “Sal,” who told Patten that he had purchased it from a legal dispensary.  There was no allegation that the officers were under the influence of marijuana on the job.

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What is Whistleblower Law?

In New Jersey, “whistleblower law” refers to a body of law which protects employees who engage in “whistleblowing activity.”  There are two basic sources of New Jersey whistleblower law: the statutory protections of the New Jersey Conscientious Employee Protection Act (CEPA); and the common law protections under the case of Pierce v. Ortho Pharmaceuticals (Pierce), which provides similar protections.4-225x300

Who is considered a whistleblower?

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