New Jersey Law

The Old Red Mill in Clinton

N.J. Supreme Court Affirms Indictment of Woman Who Took Confidential Student Records in an Alleged Employment Discrimination Action

In a recent decision, New Jersey v. Saavedra, the New Jersey Supreme Court affirmed an indictment of Defendant for official misconduct and unlawful taking of public documents from the North Bergen Board of Education (“the Board’). By way of background, …

CATEGORIES: Employment Law

Employer Fails to Meet Required Standards for Psychological Fitness-For-Duty Exam

The Appellate Court ruled for the first time in NJ that it was a violation of the Americans with Disabilities Act to order an employee to undergo a psychological fitness for duty examination without objective credible evidence that an exam …

CATEGORIES: Employment Law

Sexual Harassment or Unbecoming Conduct: NJ Supreme Court Reverses Arbitrator

In a decision sure to reverberate around the State, a unanimous New Jersey Supreme Court reversed an arbitrator’s scant 120-day suspension of a teacher who used District- provided technology to send and receive nude photographs and engage in conduct toward…

Is a Volunteer Firefighter an Employee Entitled to the Protections of the Conscientious Employee Protection Act (CEPA)?

Volunteers Are Not Protected by CEPA

The Plaintiff, a volunteer firefighter, appealed the Court’s decision granting summary judgment dismissing his claims against the Colts Neck Volunteer Fire Co.. Plaintiff claimed that he had a valid cause of action under the…

E-Mail Protected from Attorney-Client Privilege Despite Prior Disclosure

In Hedden v. Kean University, et al., a recent published decision of the Appellate Division, the Court held that an e-mail from the University’s head women’s basketball coach to the University’s general counsel was protected from disclosure by the…

NJ Law Against Discrimination Amended to Provide Additional Protections to Pregnant Women

On January 21, 2014, New Jersey Gov. Chris Christie signed into law an amendment to the New Jersey Law Against Discrimination (LAD) which provides additional protections for pregnant women. The law adds a stipulation not typically found in pregnancy discrimination…

CATEGORIES: Employment Law

Employment Related Litigation

Dayna KatzDayna Katz will speak about various factual scenarios that give rise to employment-related litigation (discrimination, retaliation and failure to promote claims) at a seminar entitled “Valuing Economic Damages in Employment Law Cases.” Dayna will further discuss the value of retaining…

CATEGORIES: Employment Law

Appellate Division affirms dismissal of claim under NJ Law Against Discrimination where plaintiff ignores legal process and discovery requirements.

In Ewa Fik-Rymarkiewicz vs. University of Medicine and Dentistry of New Jersey, et al., a recent unpublished decision of the Appellate Division, the court affirmed the dismissal of plaintiff’s complaint with prejudice due to plaintiff’s continuous failure to supply information…

CATEGORIES: Employment Law

Court Rules Reinstatement to Former Position Necessary to Avoid Irreparable Harm

In Ellis v. Ethicon, a New Jersey Federal District Court Judge ruled on September 21, 2010 that Ethicon was required to reinstate Plaintiff to her position from which she was removed several years earlier. Following a trial in which the…

CATEGORIES: Employment Law

Failure to Accommodate

Lisa FittipaldiLisa Fittipaldi is representing a special education teacher with multiple sclerosis who claims in a lawsuit against the Board of Education that she was fired for taking sick days off to receive chemotherapy. Read More

CATEGORIES: Employment Law