In 2010, New Jersey passed the Compassionate Use Medical Marijuana Act (“CUMMA”) and became the 14th state to allow its residents to use marijuana medicinally. The initial implementation of the Act did not, however, provide protection to medical marijuana users from being terminated based on their marijuana use or medicinal user status.
Topics: Wrongful Termination
When an employee brings credible, substantiated accusations of sexual harassment or discrimination in a workplace, their employer often settles discreetly for “an undisclosed sum of money” and an agreement to keep everything confidential. A law passed earlier this year in New Jersey declares that such confidentiality and non-disclosure agreements are against the greater interest of the public and, as such, unenforceable. Not only does the new law restrict settlement agreements, it significantly restricts the rights of employers to require that employees broadly waive rights related to pursuing discrimination, retaliation, or harassment claims that may arise during their employment.
In a landmark decision, the New Jersey Appellate Court recently ruled that a plaintiff’s claims for wrongful termination in violation of the New Jersey Law Against Discrimination (NJLAD) could proceed. The significant aspect of this plaintiff’s claim is that his termination was allegedly based on his use of marijuana in accordance with New Jersey’s Compassionate Use Medical Marijuana Act. The Appellate Court reversed the decision of the lower court dismissing his claims outright, ruling that he had pled sufficient allegations to support a claim under the NJLAD and allowing litigation on those claims to go forward.
Private employers balance respecting the rights and diversity of their workers with fostering the moral principles that they support as a company. Unlike public employers, private companies are free to enact religious displays, advocate for one religion over another, and openly engage in religious practices in the workplace. However, both Title VII of the Civil Rights Act of 1964 and the New Jersey Law Against Discrimination (NJLAD) protect New Jersey workers from employment discrimination based on their religion or lack thereof. These laws prohibit employers from discriminating against employees based on religion, both in hiring and during their employment, and make it illegal to force those of faith to suppress or violate their religious beliefs as a condition of obtaining or maintaining employment.
If you’ve suffered from gender-based discrimination or sexual harassment in the workplace or endured a hostile work environment, you’re not alone. New Jersey employees are protected from sex-based harassment and discrimination by Title VII, the federal law prohibiting discrimination, as well as the New Jersey Law Against Discrimination (NJLAD). You may wonder, however, what kind of compensation you can actually recover from your employer or the individuals responsible for the harassment.
North Bergen Township is defending a lawsuit brought by two former EMS workers who claim they were wrongfully terminated after a conflict with local law enforcement officers. Luis Deleon and Tamara Sepulveda claim they were disciplined and ultimately terminated in retaliation for refusing to engage in what they believed to be illegal and unethical behavior as directed by North Bergen police.
The New Jersey Law Against Discrimination (NJLAD) protects against discrimination based on certain protected characteristics in housing, employment, places of public accommodation, credit, and business contracts. In general, the NJLAD prohibits taking “adverse employment actions” against employees or candidates for employment because of protected characteristics or discriminating against employees or candidates in any actions related to hiring, firing, compensation, terms and conditions of employment, or retirement based on protected characteristics. A recent case involving the Plainfield Fire Department reaffirms that the NJLAD protects members of a majority group against illegal discrimination in the same manner as it protects minorities.
If you’ve suffered an on-the-job injury, you may worry about more than your physical recovery—you may worry that you won’t be able to return to work. A lot of factors play into whether you will be able to go back to your job after an injury. Knowing the laws and requirements can help you focus on your recovery rather than worrying about your employment.
Going through a divorce can be extremely difficult – especially if it’s accompanied by the loss of your job. But a new ruling from the New Jersey Supreme Court might help protect your job: the Court recently ruled that the protection of New Jersey Law Against Discrimination (NJLAD) forbids all kinds of discrimination based on marital status, including whether a person is in the process of getting a divorce.