The New Jersey Appellate Division recently reversed a trial court’s granting of summary judgment dismissing an employee’s claim under the New Jersey Law Against Discrimination when Defendants wrongly perceived the employee to be Jewish and directed daily Anti-Semitic comments at him. The court disagreed with the trial court’s determination that…
New Jersey Employment Lawyers Blog
A Forced Resignation Is Not a Disqualification of New Jersey Unemployment Compensation Benefits
The New Jersey Appellate Division recently reversed a decision of the Appeal Tribunal and the Board of Review disqualifying a claimant from receiving unemployment compensation benefits when he was forced to resign from his job. The Court disagreed with the prior determination that such a forced resignation was a voluntary…
QUITING WORK TO CARE FOR CHILDREN DISQUALIFIES CLAIMANT FROM RECEIVING NEW JERSEY UNEMPLOYMENT BENEFITS
The New Jersey Appellate Division recently affirmed a Board of Review decision disqualifying a claimant from receiving New Jersey unemployment benefits finding that the claimant voluntarily left her employment without good cause attributable to the work. In the matter Damaris Medina v. Board of Review Department of Labor and the…
Employee Who Loses Job While In Jail Held Ineligible For New Jersey Unemployment Benefits
The New Jersey Appellate Division recently held that a claimant who was terminated because she was unable to work for a period of less than two weeks due to being incarcerated on criminal charges is not eligible to receive New Jersey unemployment benefits. In the matter of Crystal Mandall v.…
CLAIMANT HELD INELIGIBLE FOR UNEMPLOYMENT BENEFITS FOR VOLUNTARILY QUITING BEFORE RECEIVING APPROVAL OF TRANSFER REQUEST
The New Jersey Appellate Division recently affirmed a Board of Review decision disqualifying a claimant from receiving New Jersey unemployment benefits for voluntarily quitting her job without good cause attributable to the work. In the matter of Lydia Oladimeji v. Board of Review, New Jersey Department of Labor and ARC…
SUPERVISOR OF PUBLIC AGENCY CAN BE LIABLE AS AN EMPLOYER UNDER THE FMLA
The United States Court of Appeals for the Third Circuit recently held that an individual supervisor may be liable for violating the Family and Medical Leave Act if he or she has sufficient control over the conditions and terms of employment of the employee claiming the FMLA violation. In the…
GOOD FAITH MISTAKE OF RECEIVING DOUBLE UNEMPLOYMENT BENEFITS IS NO DEFENSE
The New Jersey Appellate Division recently affirmed a decision of the Appeal Tribunal and the Board of Review denying a claimant from receiving New Jersey emergency unemployment compensation under the Emergency Unemployment Compensation Act of 2008, 26 U.S.C.A. 3304 because the claimant collected unemployment benefits from New York for the…
New Jersey Supreme Court Affirms Contingency Fee Enhancements for New Jersey Discrimination Lawyers
The New Jersey Supreme Court has affirmed that the framework for evaluating attorneys’ fee awards made pursuant to state statutory fee-shifting provisions such as the New Jersey Law Against Discrimination that was first adopted in the case Rendine v. Pantzer, 141 N.J. 292 1995. The Court held that the Rendine…
Asking Family and Friends About Jobs Is Not Enough To Be Actively Seeking Work To Receive New Jersey Unemployment Benefits
The New Jersey Appellate Division recently affirmed an Appeal Tribunal and Board of Review decision that the claimant was disqualified for unemployment benefits for failing to actively see work as required by N.J.S.A. 43:21-4(c)(1). In affirming the decision of the Appeal Tribunal, the Appellate Division noted that New Jersey unemployment…
RACE DISCRIMINATION CASE MOVES FORWARD TO TRIAL
The United States District Court for the District of New Jersey recently denied the parties cross-motions for summary judgment in the case Reginald L. Cannon v. Bradbury Burial Vault Co., Inc. In this case, the plaintiff, Mr. Cannon, alleges that he was subjected to race discrimination and a hostile work…