Mark Law Firm Blog

I Was Injured on the Job in New Jersey. Can I Be Fired?

Posted by Jamison Mark on Oct 22, 2016 12:01:18 PM

 

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.

 

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Topics: Discrimination & Harassment, Wrongful Termination, Personal Injury, Workers' Compensation, Hiring a lawyer

Court Rules Divorce Is Protected Status Under NJLAD

Posted by Jamison Mark on Jun 25, 2016 10:00:00 AM

 

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.

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Topics: Employment Law, Discrimination & Harassment, Wrongful Termination, Family Law

Age Discrimination: Exceptions to the Rules

Posted by Jamison Mark on Feb 6, 2016 4:00:00 PM

It’s illegal under both federal and New Jersey state law for an employer to discriminate against any current or potential employee on the basis of that employee’s age, but there are significant differences between the federal Age Discrimination in Employment Act of 1967 (ADEA) and the New Jersey Law Against Discrimination (NJLAD). The ADEA and NJLAD each apply to different categories of employers and businesses and protect different groups of people.

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Topics: Employment Law, Discrimination & Harassment, Wrongful Termination

NJ Based Johnson & Johnson to Lay Off 3,000 Workers

Posted by Jamison Mark on Jan 22, 2016 12:00:00 PM

Johnson & Johnson announced recently that it will reduce its workforce by about 3,000 employees over the next two fiscal years. Headquartered in New Brunswick, J&J is one of the biggest employers in the state of New Jersey and has a number of large facilities in Somerset County. 

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Topics: Employment Law, Wrongful Termination, Hiring a lawyer

New Bill Would Protect Breastfeeding in all NJ Workplaces

Posted by Jamison Mark on Jan 2, 2016 1:16:00 PM

If you’re returning to work after the birth of a child, you may find yourself with a new dilemma: how to take breaks to express breast milk.

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Topics: Employment Law, Wrongful Termination

U.S. Senate Introduces New Bill to Combat Age Discrimination

Posted by Jamison Mark on Oct 23, 2015 1:00:00 PM

 

This week, a bipartisan contingent of senators is introducing the Protecting Older Workers Against Discrimination Act (POWADA). If it passes, this bill will make it easier to prove age discrimination in cases brought by older workers against their employers.

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Topics: Employment Law, Discrimination & Harassment, Wrongful Termination

Man Brings Age Discrimination Claim After 50+ Years of Service

Posted by Jamison Mark on Jul 9, 2014 6:00:00 PM

Imagine dedicating more than fifty years of your life to the same company. Each day you wake up early to make it into the office before 5AM, and you often stay until after 5PM. You joke with your co-workers about how this means you only work “half a day,” subtly bringing attention to the fact you work 12 hours each and every workday.  Despite the long hours, you do not receive overtime pay and choose not to make a big deal about it because you truly enjoy your job. Then, suddenly, you are fired without warning.

Could it be age discrimination?  That is exactly the question that Robert Dobkin is asking a federal court in Brooklyn to consider.  Dobkin began working for U.S. Seal Manufacturers in 1962 and loyally served the company until 2013, when he was fired.  On the day he was terminated, Dobkin was called into his manager’s office and told that the company was undergoing a “workforce reduction.”  Unfortunately, however, this supposed “workforce reduction” only had one victim: Dobkin.

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Topics: Employment Law, Discrimination & Harassment, Wrongful Termination

Former Hunterdon County prosecutor sues for wrongful termination

Posted by Jamison Mark on May 9, 2014 10:25:00 AM

A former prosecutor from Hunterdon County, New Jersey, has filed a wrongful termination lawsuit after he believed the attorney general's office improperly dismissed a grand jury indictment for political reasons, and later reported the incident to his supervisors. New Jersey law protects employees from being fired for making reports of alleged impropriety or misconduct. The New Jersey Conscientious Employee Protection Act (CEPA) prevents a "whistleblower," or someone who makes a report of misconduct in good faith, from becoming the victim of adverse employment actions if he or she makes such a report.

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Topics: Wrongful Termination

Wrongful Termination Based Upon Biased Manager

Posted by Jamison Mark on May 8, 2014 3:29:00 PM

The United States Supreme Court has ruled in Staub v. Proctor Hospital that an employee who is being harassed by a manager, who then influences upper level management's decision to terminate an employee can bind the employer in a wrongful termination action. In Staub, United States Supreme Court Justice Antonin Scalia, writing for the Court, held that the confusing "cat's paw theory of job discrimination" can reach to an employer when a biased supervisor, one with some evidence of animus toward the employee, causes the supervisor's decision to terminate the employee. The court reasoned that while the supervisor terminated the employee, it was based upon the harassment and animus of the lower manager's personal animus against the employee.

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Topics: Wrongful Termination

Former trooper wins retaliation suit against police department

Posted by Jamison Mark on May 8, 2014 3:24:00 PM

A former New Jersey police officer claims he was retaliated against by his division after a complaint that it had not investigated racial discrimination and sexual harassment claims. A jury found in the Trooper's favor, awarding over $1 million. The man received compensation for pension and back pay, as well as emotional distress, in addition to an award due to failure of the State Police to accommodate his illness (ulcerative colitis) as required under the federal Americans with Disabilities Act.

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Topics: Wrongful Termination