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…


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

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

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In Ewa Fik-Rymarkiewicz vs. University of Medicine and Dentistry of New Jersey, et al., a recent unpublished decision of the Appellate Division, the court affirmed the dismissal of plaintiff’s complaint with prejudice due to plaintiff’s continuous failure to supply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

Marathon CLE Event

Marathon CLE Event- Lisa Fittipaldi and Martin AllenLisa Fittipaldi and Martin Allen will be panelists at the Marathon CLE event sponsored by the Somerset County Bar Association on October 10, 2016 at Raritan Valley Country Club in Bridgewater. Lisa will discuss “Disability, Fitness for Duty, FMLA/FLA and…


WHISTLEBLOWER LAW

Property Taxes and Non-Profit Organizations - Martin AllenRichard Flaum has written a summary of a New Jersey Supreme Court Decision which expands the scope and breath of New Jersey’s Conscientious Employee Protection Act (CEPA), also known as the Whistleblower Law.

In Puglia v. Elk Pipeline, Inc.,…

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