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Employment Law

There’s protected activity, then there’s harassment

07/28/2008
When employees think they are working in a hostile environment, emotions often run high. If an employee believes he is working under intolerable conditions, he may strike back with a harassment campaign of his own. Anonymous letters, e-mails and other unconventional forms of communication may amount to reverse harassment—and you don’t have to tolerate it …

EMS workers lose jobs for racist hazing incident

07/28/2008
The University of Medicine and Dentistry of New Jersey (UMDNJ), which operates University Hospital in Newark, fired three paramedics for subjecting emergency medical technician (EMT) trainees to racist hazing …

N.J. Transit Authority police chief stuck in legal traffic jam

07/28/2008
Joseph Bober, police chief for the New Jersey Transit Authority, is at the center of a five-lawsuit pile-up over everything from discrimination to punching an employee in the gut. Lt. Theresa Frizalone filed the first suit—charging sex discrimination—in March 2007 …

Third-Party harassment: The next frontier for New Jersey courts?

07/28/2008
New Jersey courts have long been in the forefront of employment discrimination law. The question is: How far will they go next? One likely path is to expand liability for sexual harassment committed by a nonemployee …

Workers’ comp disability doesn’t mean automatic ADA coverage

07/25/2008
Employees receiving partial workers’ compensation benefits based on job-related injuries might think they are automatically entitled to reasonable accommodations under the ADA, too. But that’s simply not true. In fact, the ADA requires an individualized assessment. Receiving workers’ compensation isn’t enough …

Track discrimination claims to head off post-Firing suits

07/25/2008
Workers who have lost their jobs often look for some ulterior motive to explain their terminations. Here’s what to do if a former employee claiming he was targeted because of a discrimination complaint sues you: Check when the complaint first came to light. Any complaints should have been logged and time-stamped, even if the complaint wasn’t written …

Good reviews, promotions are evidence you didn’t discriminate

07/25/2008

Here’s something to keep in mind when you find yourself having to terminate an employee who may later sue for race or other discrimination. Past positive evaluations and promotions can be used as solid evidence you didn’t discriminate against the employee.

Solid rules, documentation, enforcement are keys to winning discharge cases

07/25/2008
Employers that prepare as if they will be sued over every employment decision will win most discrimination cases. If you follow certain guidelines, chances are no fired employee will successfully sue you for discrimination or retaliation. Employers that get sloppy most often lose lawsuits …

Warn managers about personal liability

07/25/2008
One way to get the attention of your managers and supervisors is to warn them that they may be personally liable for breaking some state or federal laws. For example, because the definition of “employer” in the FMLA and the Fair Labor Standards Act (FLSA) is quite broad, some supervisors and managers have been held personally responsible. And the same is true for some job-related injuries. …

Legally speaking, sheriff and deputies aren’t county employees

07/25/2008
Gary Edwards, Deputy Deborah Nelson and Deputy Anthony Smith arrived on the scene to find Billy Ray Cook crawling on his stomach in the street. Upon spotting the officers, Cook began yelling, “Please don’t let them shoot me.” Cook strenuously resisted being cuffed and shackled, so the officers shocked him with their Tasers. Unfortunately, this—combined with a massive quantity of cocaine in Cook’s system—killed him …