Wrongful Termination

On August 28, 2013, New Jersey Governor Chris Christie signed into law a statute, Pub. L. 2013, ch. 155, prohibiting employers in New Jersey from requiring or requesting that employees or applicants for employment provide or disclose any user name or password for their social media accounts, such as Facebook or Twitter accounts. The new statutory provision takes effect on January 1, 2014.…Read More

In wrongful termination lawsuits, the courts of Manhattan, and federal courts applying NY Law, do not preclude either employers or workers from relitigating issues of fact or law decided adversely to them in unemployment insurance benefits hearings. See N.Y. Labor Law § 623(2). In most unemployment insurance benefits hearings in Manhattan, the disputed issues are one or more of the following: Did the claimant “voluntarily separat[e]”…Read More

On June 26, 2013, the New York City Council, by a vote of 47 to 4, overrode Mayor Michael Bloomberg’s veto of the Earned Sick Time Act, Local Law 46 of 2013 (the “the New York Earned Sick Time Act,” the “Earned Sick Time Act,” the “Act,” or the “NYCESTA”). Effective April 1, 2014, and provided that certain economic benchmarks are met,…Read More

On September 21, 2012, New Jersey Governor Chris Christie signed into law a statute, N.J. State Assembly Bill No. A2647, N.J. State Senate Bill S1930, requiring New Jersey employers with 50 or more employees to post in the workplace and to provide notices of workers' rights "to be free of gender inequity or bias in pay, compensation, benefits, or other terms or conditions of employment" under the New…Read More

The New Jersey Law Against Discrimination, N.J.S.A. §§ 10:5-1 – 10:5-30 (the "NJLAD"), prohibits employers, because of the race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, sexual orientation, genetic information, gender, gender identity, disability, nationality, military status, or atypical hereditary cellular or blood trait of any person, to refuse to hire or employ or to bar…Read More

The First Amendment to the U.S. Constitution states in part: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . .” The first of these two quoted clauses is known as the Establishment Clause. The second of these two quoted clauses is termed the Free Exercise Clause. In January 2012, in Hosanna-Tabor…Read More

With certain exceptions, a business in New Jersey may fire or refuse to hire a person because of his or her lawful, off-duty, political or recreational activities. Specifically, in New Jersey, employers may not refuse to hire or employ any individual and may not discharge from employment or take any adverse action against any employee with respect to compensation, terms, conditions or other…Read More

A company in Manhattan, NYC makes a written offer of employment to an individual. Before the individual begins working at the company, the company’s profits plunge or its budget is cut significantly. If the company withdraws the written offer of employment before the individual starts work, does the individual have a valid cause of action against the company for breach of…Read More

On October 27, 2010, in Hazen v. Hill, Betts & Nash, LLP, Case No. 10114676 (N.Y. State Div. of Human Rights Oct. 27, 2010), the New York State Division of Human Rights (the “Division of Human Rights” or the “Division”), by a Notice and Final Order (the “Order”) amending and adopting the recommendation of an administrative law judge (the “ALJ”),…Read More