By Bruce Atkins | Published August 15, 2022 | Posted in Employment Law | Tagged Tags: Non-Disparagement Clause | Comments Off on NJ Appeals Court Upholds Non-Disparagement Clauses in Employment Contracts
NJ Appeals Court Upholds Non-Disparagement Clauses in Employment Contracts
A recent decision by a New Jersey appeals court upholds the enforceability of contract provisions that forbid employers or employees from disparaging or impugning each other’s reputation. The ruling is notable because the court distinguished non-disparagement clauses from nondisclosure agreements (NDAs), which in many cases are unenforceable against employees or former employees under NJ law. Read More
Read MoreWhen is an Employer Liable for Sexual Harassment by a Co-worker?
Sexual harassment is a form of illegal discrimination that exists in public and private workplaces throughout the country. There are several different types and degrees of sexual harassment. Some employees use their authority, control or influence to coerce employees under them into accepting or tolerating sexual advances. However, harassment can also be peer-to-peer. One employee Read More
Read MoreFiling a Discrimination Claim With the Division on Civil Rights vs. Going Straight to Court
In New Jersey, an employee with a claim of discrimination has two options on how and where to pursue it. They can bring the matter to a state administrative body called the Division on Civil Rights (DCR) or they can go straight to court. Each option has advantages and disadvantages to be considered before proceeding. Read More
Read MoreWhat is the Difference Between Sexual Harassment and Sexual Assault?
Unfortunately, many people are victims of highly inappropriate behavior or violence that is sexual in nature, whether in or out of the workplace. In modern parlance, the terms “sexual harassment” and “sexual assault” are sometimes used interchangeably. But from a legal perspective, they are very different. Sexual harassment is a civil offense that gives the Read More
Read MoreProving a Hostile Workplace Discrimination Claim
The workplace is supposed to be a professional and safe environment where people can do their jobs without interference. Unfortunately, some people bring discriminatory attitudes and behaviors to work, to the annoyance of subordinates or co-workers. In New Jersey, if the conduct is sufficiently severe or pervasive, it can create a hostile work environment, which Read More
Read MoreSAFE Act: Employee Rights for Domestic Violence Victims
The legal and personal issues that go along with being a victim of domestic violence can be overwhelming. As a result, many victims find that their work lives suffer while they are recovering from the trauma of domestic violence. To address this issue, New Jersey lawmakers passed the Security and Financial Empowerment (SAFE) Act to Read More
Read MoreNew Jersey Passes Significant Minimum Wage Increase
Recent protests by fast-food workers throughout the nation have led to a renewed discussion of the minimum wage and what constitutes an honest day’s pay for an honest day’s work. While the federal minimum wage remains $7.25 per hour, individual states are free to impose higher minimum wage requirements. New Jersey is among the states Read More
Read MoreFree Exercise and Employee Health Care Under the ACA
While the Affordable Care Act (ACA) has been in the news for a number of reasons lately, one story that largely fell by the wayside involved a Pennsylvania cabinet company that took issue with the ACA’s requirement that health plans provide coverage for certain types of oral contraceptives. A federal appellate decision in the case Read More
Read MoreThe Role of the Administrative Process in Employment Litigation
Many people come to us eager for their day in court against an employer who treated them unjustly or refused to address on-the-job harassment. They are surprised, however, when we tell them that they first must file an administrative complaint with the Equal Employment Opportunity Commission (EEOC). The federal laws that prohibit employment discrimination make Read More
Read MoreWhat Is ENDA, and Where Is It Now?
Federal law shields a wide array of groups from employment discrimination, but members of the lesbian, gay, bisexual and transgender (LGBT) community have received no such protection. In the flurry of news that has been coming out of Congress over the past several months, a landmark piece of legislation has attracted little attention until recently. Read More
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Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…
Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its potential outcomes.…
Michael K. Fortunato is a Partner at Deutsch Atkins, P.C. His practice focuses on employment litigation and counseling for employees and executives, including matters involving discrimination, retaliation, harassment, wrongful termination, whistleblower claims, severance negotiations, employment agreements, and restrictive covenants. Michael represents clients in litigation and administrative proceedings involving state and federal employment laws including the…
Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…
R.J. Prifitera joined Deutsch Atkins, P.C. in October of 2023. R.J. represents employees in wrongful termination, harassment, discrimination, and whistleblowing matters. Prior to joining the firm, R.J. received a B.A. from the University of Delaware in 2018. Thereafter, he attended and graduated Seton Hall University School of Law in 2022 where he received the Monsignor…
