Employment Law

September 11, 2018

Who is Eligible? If your employer has 50 or more employees within a 75 mile radius of your worksite, and you have been working full time (i.e., at least 1,250 hours) for the entire 12 months prior to the start of an FMLA leave, then you are eligible to go out on an FMLA leave. What can an ...

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Big changes are in store for New Jersey’s workplaces, with dramatic legislation aimed at improving conditions for New Jersey’s workers. These changes include the enactment of New Jersey’s Equal Pay Act, a new law to help the unemployed, and passage of New Jersey’s Paid Sick Leave Act. Most likely ...

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1. My employer is obligated to come up with a good reason before they can fire me. WRONG – If you are an at-will employee, the vast majority of the time, your employer will not need a reason to fire you. Nor is your employer obligated to let you know what that reason is. 2. If I can refute ...

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New Jersey is an "at-will" employment state. That means that if you are not in a union, have vested tenure or civil service rights or a personal employment contract that limits your termination to being "for cause" only, then your employer can pretty much fire/lay you off for any reason, including ...

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New Jersey recognizes two forms of sexual harassment. The first is call quid pro quo harassment.The phrase is Latin and means a solicitation for sex in return for something, such as a promotion, raise or just being allowed to stay employed. Essentially, the victim receives a sexual proposition at ...

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Have you been mistreated, harassed, abused, discriminated against or retaliated against by your employer? Watch this video to learn how Westfield employment attorney Fred Shahrooz-Scampato, who for the last 25 years has aggressively represented employees, can help you. If you are the victim ...

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What do employment law attorneys look for when selecting a harassment or discrimination case on a contingency fee basis? Likable and competent client – charisma and competency add value to a case, lending credibility to the plaintiff’s story. A direct statement or overt act against the ...

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Today I am going to discuss what it entails to raise workplace claims against an employer in New Jersey State Court. You will see that there is no one answer that applies to all types of claims. Nor can there be any exact gage of how much time a workplace claim will take from start to ...

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In a room where people unanimously maintain a conspiracy of silence, one word of truth sounds like a pistol shot. - Czesław Miłosz   What to do if you uncover illegal or fraudulent activities at your workplace? Perhaps you work for a trucking company and your employer is intentionally ...

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Have You Been Properly Classified As an Independent Contractor or an Employee? Some companies incorrectly call workers “independent contractors” when they are actually employees. It is important for you to know the difference between the two because employees are legally entitled to greater ...

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No, only certain types of harassment complaints are protected by law. If your harasser, however, has subjected you to a hostile work environment because of your membership in a recognized “protected class," then you may bring a claim for harassment.     In other words, if it would be true for ...

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Four or five moments - that's all it takes to become a hero. Everyone thinks it's a full-time job. Wake up a hero. Brush your teeth a hero. Go to work a hero. Not true. Over a lifetime there are only four or five moments that really matter. Moments when you're offered a choice to make a sacrifice, ...

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The answer is and will always be the same – NOW is the time to consult with an experienced employment law attorney about harassment and/or discrimination in your workplace. Here are the main reasons: Under certain circumstances if you don’t complain about harassment and, instead, decide to ...

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Sexual and gender harassment have been around for as long as women have been in the workplace. While New Jersey is a progressive state to work in, being here does not ensure that the workplace will be free of harassment against women. The purpose of this article is to define the different forms of ...

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Q. What do I do if someone starts sexually harassing me at my job?   1. Memorialize all of the event(s) down in writing. Imagine yourself as a police detective writing an incident report. Describe in full detail what happened. Who was involved and who witnessed it? When did the ...

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The firm is proud to announce that Fred Shahrooz-Scampato, Esquire, has been chosen for a second year in a row, to receive the distinguished honor of Employment Litigation: Plaintiff by Super Lawyers Magazine. Each year, no more than five percent of New Jersey lawyers receive inclusion into ...

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This month, on a first come, first served basis, the Law Office of Fred Shahrooz Scampato is offering a free review of existing employment handbooks for any private business located in Union County, New Jersey. Fred Shahrooz-Scampato, Esquire, will sit down with your office manager or HR ...

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One of the most common claims that I have been dealing with during the past 20+ years as an employment law attorney involves an employee who is fired while out sick or on disability. The purpose of this article is to help you maximize your efforts to stay employed while ill or ...

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One of the most common misconceptions about employment law in New Jersey is that workers think that their employers need a reason to terminate their employment. They also wrongfully assume that they can bring a lawsuit for wrongful termination when they do not receive an adequate reason for ...

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The best kind of discrimination cases are those that resolve swiftly and successfully. Here is one such story that resolved today:     Young lady works for company. Had a medical condition that put her in the hospital five times over the course of the past year. She writes to her ...

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One of the most difficult aspects of being a victim of sexual harassment is the embarrassment and humiliation that goes along with the trauma of being harassed. Depending on one’s heritage or cultural background, this humiliation can make it almost impossible to raise a complaint. A few ...

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Hello, I’m Fred Shahrooz-Scampato, Esquire.  I am an employment lawyer, who for the last twenty years, has  aggressively represented employees who have been mistreated, harassed, abused, discriminated against or retaliated against at work.  If you are the victim of prejudice or spend every day ...

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Last week, one of my cases was featured in a Bergen Record article.  My client, along with co-counsel, David Rostan, Esquire, alleges that he was a victim of sexual orientation or perceived sexual orientation hostile work environment which is in violation of the New Jersey Law Against ...

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What is the minimum wage in New Jersey? The minimum wage in New Jersey is $7.25 per hour.  With few exceptions, employees must be paid this hourly rate. During the course of my employment, can my employer reduce my rate of pay?  Yes, but only prospectively and not to a rate below ...

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Last week I posted a blog entry on the Family Medical Leave Act (FMLA), and specifically, sought to cut through the legalize so that anyone could understand the law in plain language.  You can read last week’s blog entry by following this link: http://tinyurl.com/pj6rxf4 Unfortunately, it ...

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The Family and Medical Leave Act (FMLA) is a federal law administered by the Federal Wage and Hour Division of the United States Department of Labor.  The act provides that qualifying employees have the right to take a leave from work for themselves or a family member for up to 12 weeks in a 12 ...

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One of the things I love most about being an employment law litigator is being an advocate for the underdog.  As a society, right from the inception of our nation, we identified ourselves as underdogs, as we defeated the British, the greatest empire builders of the time.  Growing up and into ...

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New Jersey and Federal laws have been passed to protect employees from sexual harassment. There are two types of harassment that are covered, "quid pro quo" and "hostile environment" harassment. Quid pro quo sexual harassment occurs when a supervisor tries to make an employee submit to ...

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New Jersey’s fair housing laws for persons with disabilities are among the strongest in the nation.  The New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1, et seq., has been recognized as being one of the most powerful anti-discrimination statutes in the country.  Another State act, ...

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Family and Medical Leave Act (“FMLA”) – The FMLA generally requires employers to provide employees with twelve weeks of unpaid leave per year for (1) the birth or adoption of a child, (2) a “serious health condition” that prevents the employee from performing the essential job function of his or ...

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