Anti-Semitism on the Job is Illegal
Harassment or discrimination due to an employee's Jewish religion or ancestry is illegal in New Jersey. A series of offensive anti-Semitic comments, even if the boss claims he's joking, can create a hostile work environment that violates the New Jersey Law Against Discrimination. For years, lawyers debated whether an employee claiming anti-Semitic harassment had a higher burden of proof than a worker claiming sexual harassment or racial harassment. The Supreme Court of New Jersey resolved that debate in 2008 when it ruled that anti-Semitic harassment claims are held to the same standard of proof as other forms of workplace harassment. Contact us if you believe that you are being harassed on the job due to anti-Semitism. March 17, 2010 - Paul Castronovo - Castronovo & McKinney - New Jersey Harassment Lawyers - NJ Discrimination Lawyers Review Your Employment Documents Before Signing
You should not sign any document before you have read and understood what you are signing. Many of our employment law clients have signed non-compete agreements, non-solicitation agreements and confidentiality agreements and are unaware of the restrictions of the agreements. Also, many times the company maintains the only copy of the non-compete agreement, non-solicitation agreement and confidentiality agreement.
Employers in New Jersey are permitted by law to require employees to sign non-compete agreements, non-solicitation agreements, confidentiality agreements and arbitration agreements. The agreements may prevent you from working for a competitor for a certain period of time (typically maximum of 2 years) after your employment with the company ends (by termination or resigning), prohibit you from asking employees to join you at your new employer, prohibit you from disclosing information about the company, and prevent you from filing a lawsuit in court against the company. Accordingly, you should review all of the documents you receive from your employer before signing them. You should also request a copy of each document you signed for your own personal file. If you have any questions regarding the documents, you should discuss them with an employment attorney before signing the documents. Once you sign the non-compete agreement, non-solicitation agreement and confidentiality agreement, you are bound to the terms of the agreement. For additional information on this subject, please read Review Agreements From Company or Employer Before Signing. March 17, 2010 - Tom McKinney - Castronovo & McKinney - New Jersey Non-Compete Lawyers Severance Negotiations and Leverage
The key to negotiating a better severance package and increasing the severance pay is leverage. Employees who are terminated and offered a severance agreement typically tell us that they "want more" or "need more" severance pay. If you want or need to increase your severance package, you need to have leverage. We have found that you can determine if you have leverage to negotiate your severance pay falls if you answer yes to any of the following questions: (1) Do you have a potential lawsuit or claim against the company that you don't want to waive? (2) Does the employer possibly require your services or cooperation after your employment is terminated? (3) Where you promised anything that the employer failed to pay you? and (4) Does your employer want to make sure that you do not disparage them to clients and customers? If you answer yes to any of the above questions, you may be able to negotiate an enhanced severance agreement. Please contact us if you would like our assistance in helping you negotiate your severance. March 16, 2010 - Tom McKinney - Castronovo & McKinney - New Jersey Severance Attorneys FMLA Leave for Alcoholism Treatment
Can I take FMLA leave for treatment of alcoholism or drugs? Under the FMLA, eligible employees are entitled to up to twelve weeks of unpaid leave per year for absence due to, among other things, a “Serious Health Condition” that renders the employee unable to perform the functions of his or her job. 29 U.S.C. § 2612(a)(1)(D). To ensure the entitlement, the FMLA makes it “unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided.” 29 U.S.C. § 2615(a)(1). When an employee alleges a deprivation of the substantive guarantees of the FMLA, the employee must establish, by a preponderance of the evidence, an entitlement to the disputed leave. For more information, please read Alcoholism or Drug Abuse as a Medical Disability Pursuant to the FMLA. March 14, 2010 - Tom McKinney - Castronovo & McKinney - New Jersey Discrimination Attorneys |
Is Alcoholism a Disability?
Is alcoholism a disability or "handicap" pursuant to the New Jersey Law Against Discrimination? The definition of “handicapped,” is very broad in its scope and is left to the courts for interpretation. Alcoholism is a disease that manifests itself by both physical and psychological symptoms. An alcoholic may suffer from either a “physical disability [or] infirmity which is caused by illness,” or from a “mental [or] psychological disability resulting from psychological, physiological or neurological conditions which is demonstrable, medically or psychologically, by accepted clinical or laboratory diagnostic techniques.” Accordingly, the New Jersey courts have ruled that alcoholism is a handicap within New Jersey Law Against Discrimination.
However, there are situations in which alcoholism may affect the alcoholic's ability to do his or her job. The New Jersey Law Against Discrmination does not prohibit discrimination against an alcoholic where “the nature and extent of the handicap reasonably precludes the performance of the particular employment.” N.J.S.A. 10:5-4.1. A Plaintiff who claims discrimination as a result of being an alcoholic or seeking treatment for alcoholism must provide expert medical testimony to establish the fact of the employee's alcoholism. The Plaintiff must show that the employer was aware of plaintiff's condition and possible treatment program and that the decision to terminate the Plaintiff was made after the employer was advised the alcohol problem or treatment. For more information, please read Alcoholism or Drug Abuse as a Medical Disability Pursuant to the FMLA. March 14, 2010 - Castronovo & McKinney - New Jersey Discrimination Attorneys
Damages in a Discrimination Case
What are you entitled to if you prevail in a lawsuit for discrimination? New Jersey's Law Against Discrimination allows a prevailing Plaintiff to potentially receive compensatory damages, punitive damages, costs of suit and attorneys' fees. All of these damages are determined by a jury upon a verdict in the Plaintiff's favor. Compensatory damages are intended to make the Plaintiff "whole" for their loss. Compensatory damages include back pay, front pay, emotional distress damages. Back pay is the amount of wages, benefits, bonus and commissions lost as a result of the discrimination by the employer. The amount of Back pay is subtracted by the amount of compensation the Plaintiff received after being terminated by the employer. This is referred to as "mitigation" and a Plaintiff is required to try and mitigate any damages pursuant to the Law Against Discrimination. The amount of back pay is determined by calculating the date of the termination of employment until the date of the court's ruling in Plaintiff's favor. Front pay is the amount required to cover the difference in compensation the employee could have earned in the future (i.e. making $100,000 at old job and new job only pays $75,000 - the front pay would be $25,000 per year subject to mitigation efforts). The amount of front pay depends on how long the court believes it will take the employee to return to the amount of compensation from the discriminating employer. Front pay will also include any benefits that have been lost. Emotional Distress damages are to compensate the Plaintiff for the distress caused by the employer discriminating against the Plaintiff and the loss of the job. The amount of emotional distress is determined by the court and varies for each case. Emotional distress damages are very hard to predict and could range from zero dollars to more than $500,000 depending on the case. Punitive damages are awarded in lawsuits involving the malicious wrongdoing by the discriminating employer. The purpose of punitive damages is to punish or deter the employer or others from ever discriminating again. In order to receive punitive damages, the court must rule that the employer either intentionally discriminated with malice against the Plaintiff or demonstrated a reckless indifference to the discrimination. A prevailing Plaintiff is entitled to the reimbursement of reasonable attorneys' fees and costs. The employer is required to pay these fees. In most employment cases, Plaintiff's lawyers handle the case on a contingent fee basis. Therefore, the Plaintiff is never actually billed for the time spent by the attorneys. However, the attorneys keep track of their time and the time is then billed to the employer if the Plaintiff prevails at court. Please contact us if you have any questions regarding the potential damages in a New Jersey Discrimination lawsuit. March 12, 2010 - Tom McKinney - Castronovo & McKinney - New Jersey Discrimination Attorneys |
