The New Jersey Law Against Discrimination (LAD) outlaws an employer's reprisal against any employee who seeks protection under it, such as by filing a lawsuit for discrimination/harassment, reporting harassment, or cooperating in an investigation of harassment.  The anti-reprisal protections of the LAD also apply to retaliation that happens after an employee is fired -- such as by cancelling health benefits too soon.  Defense lawyers have argued that so-called "post-employment retaliation" is not covered by the LAD because it is not a "term or condition of employment."  But the New Jersey courts recently ruled that the LAD outlaws such post-termination retaliation.

March 24, 2010 - Paul Castronovo - Castronovo & McKinney - NJ Discrimination Lawyer

An adverse employment action pursuant to New Jersey law is a discharge, suspension, failure to hire or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of employment. An adverse employment action is not limited to only a termination, demotion or salary reduction. A withdrawal of benefits formerly provided to an employee may, in some circumstances, constitute an adverse employment action. Also, a combination of relatively minor instances of negative behavior directed to an employee may reveal a pattern of retaliatory behavior and be considered an adverse employment action.

An adverse employment action is required whenver you allege discrimination, retaliation, CEPA whistle-blower claims and many other employment law claims in New Jersey.  If you believe that you have suffered an adverse employment action and it is not listed above, please contact us and we can help advise you on whether what happened to you is an adverse employment action.

March 22, 2010 - Tom McKinney - Castronovo & McKinney

In order to succeed on a cause of action under the New Jersey Family Leave Act alleging an adverse employment action, you must prove: (1) you were employed by the company; (2) you were performing your job satisfactorily; (3) a qualifying member of your family was seriously injured ; (4) you took or sought to take leave from your employment to care for your injured relative; and (5) you suffered an adverse employment action as a result.

A qualifying “family member” is defined as a child, parent, spouse, or partner in a civil union couple. Moreover, the injured family member must be (1) in inpatient care in a hospital, hospice, or residential medical care facility; or (2) undergoing continuing medical treatment or continuing supervision by a health care provider.  Notably, a qualifying family member does not include a sibling. Similarly, the Federal Family Medical Leave Act (FMLA), also excludes siblings, allowing employees to take leave only to care for a son or daughter, spouse, parent or service member who is the employee's next of kin.

March 22, 2010 - Tom McKinney - Castronovo & McKinney - New Jersey FMLA Attorneys

You may not be required to pay Federal Insurance Contributions Act (FICA) tax on any severance pay you receive from your severance agreement.  A Judge for the United States District Court, Western District of Michigan ruled that severance payments made to severed employees are not subject to FICA  because they are not considered "wages." See United States v. Quality Stores, Inc., No. 1:09-cv-44 (W.D. Mich. Feb. 23, 2010).

You should consult with your accountant regarding any severance pay you receive from a severance package.

March 20, 2010 - Tom McKinney - Castronovo & McKinney - New Jersey Severance Attorneys