Our New Jersey employment law office routinely receives inquiries from unemployed workers who are denied their claim for unemployment benefits after needing to leave their job as a result of a medical condition. In some situations, the worker should be entitled to unemployment benefits, while in others, they should not…
New Jersey Employment Lawyers Blog
New Jersey Employee Found Eligible for Unemployment Benefits After Voluntarily Leaving Work Because of Continuous Harassment
A recent New Jersey Appellate Court has confirmed that an employee has good cause to leave her job and be eligible for unemployment benefits if the reason for quitting is because she was continuously sexually harassed for an extended period of time. In the case decided September 12, 2017, the…
Employee Eligible For Unemployment Benefits For Weeks She Made Attempts To File Claim
The New Jersey Appellate Division recently found that a claimant should be eligible for unemployment benefits for weeks that she attempted to claim unemployment benefits but was unable to do so due to the Division of Unemployment and not due to any fault of her own. In the case of…
Court of Appeals Rejects Walmart Appeal Seeking to Overturn Disability Retaliation Verdict
The United States Court of Appeals for the 3rd Circuit has affirmed a New Jersey District Court’s decision denying post-trial motion for judgment by Walmart after the jury entered a verdict against them in favor of a former employer. The former employee, Barry Boles, claimed that he was unlawfully terminated…
5 Million Workers Likely To Soon Have Right to Receive Overtime Pay
The U.S. Labor Department has proposed new rules that include increasing the minimum salary threshold level for executive, administrative and professional exemptions and the minimum total annual compensation level for the “highly compensated employee” exemption under the Fair Labor Standards Act. The new proposal would raise the minimum salary thresholds…
New Jersey Supreme Court: Treating Doctor Permitted to Testify Concerning Employee’s Disability for Discrimination Claim
The New Jersey Supreme Court has ruled that an employee can show they suffered from a disability (as defined by the law) through the testimony of their treating physician. This is a significant win for victims of disability discrimination, who often do not have the finances to pay for expensive…
Hey Independent Sales Rep… Don’t Write Off Your Unpaid Sales Commission Just Yet
It is surprising for many independent sales representatives to learn that there are specific laws in place to protect the recovery of their unpaid sales commissions from their principal. In fact, many independent sales representatives equate an unpaid sales commission to that of an unsecured debt, often simply writing off…
Appellate Division: Employee Terminated for Refusing Flu Vaccination is Entitled to New Jersey Unemployment Benefits
The New Jersey Appellate Division has ruled that an employee is not disqualified from receiving unemployment benefits for refusing to submit to a flu vaccination policy for purely secular reasons. In the case of June G. Valent v. Board of Review, Department of Labor, the employee, Ms. Valent, was employed…
New Jersey Court Finds the Board of Review Again Misapplies Severe Misconduct Standard
For the second time this year, the New Jersey Appellate Court has reverse and remanded a Board of Review decision disqualifying a claimant from receiving New Jersey unemployment benefits on the basis of severe misconduct. This is yet another reminder how necessary it is for the New Jersey legislature to…
Legal Issues Surrounding the Sayreville Football Scandal
The Sayreville Board of Education cancelled the varsity football team’s Thursday night game last week for what was described by Superintendent Richard Labbe as inappropriate conduct of a significant and serious nature within the football program. On Tuesday, the Board of Education cancelled the entire season in midst of the…