Employment Law

February 9, 2015

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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Many small and medium companies do not have the resources to fund a full time human resources position.  Many smaller businesses may have an office manager whose responsibilities also include personnel duties.  Companies like this can greatly benefit from legal advice from “on-demand” employment ...

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What is Important to Remember? When it comes to sexual harassment, events are usually viewed in context. This means that in determining whether or not sexual harassment exists in the workplace depends on looking at all the circumstances. For example, rude or obnoxious behavior in and of ...

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Top Ten Reasons Why Your Business Needs An Employee Handbook 1.         Provide clear guidance on the company’s position against harassment, discrimination, retaliation, unethical behavior and workplace violence and provides employees with a complaint procedure on how to report any ...

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