By Neil H. Deutsch | Published January 14, 2013 | Posted in Employment Law | Tagged Tags: claim, compensation, employment lawyer, NJ severance package | Comments Off on Protecting Your Rights and Maximizing the Compensation in Your Severance Package
Protecting Your Rights and Maximizing the Compensation in Your Severance Package
Because the economy continues to grow at a tepid rate, many employers are engaging in extensive layoffs. Amid this wave of terminations, most downsized executives will be offered severance packages. These severance packages come with agreements that require you to waive certain rights and legal claims against your employer. Many severance packages are offered because Read More
Read MoreWill a New Jersey Court Enforce the Non-Compete in Your Employment Contract?
The impact of non-compete agreements increases when jobs are scarce and business competition is intense. A non-compete clause in an employment contract or severance agreement can serve a legitimate function, such as providing a company breathing room to hire and train new employees. We often receive inquiries from employees about the enforceability of a non-compete Read More
Read MoreThe Challenges in Distinguishing Voluntary Termination from Forced Resignation
Many employers attempt to defend against wrongful termination claims or contest eligibility for unemployment compensation based on the employee’s so-called resignation. At Deutsch Atkins & Kleinfeldt, P.C., we handle hundreds of wrongful termination claims and so recognize that, frequently, an employee’s forced resignation is merely a ruse to cover up constructive termination by the employer. Read More
Read MorePending Legislation to Protect Employee Privacy by Safeguarding Facebook Information
The popularity of social media pages like Facebook, LinkedIn, Twitter and other sites has exploded and become a new battleground for employees trying to protect their privacy. Employers are increasingly pushing job applicants and current employees to disclose their social media passwords and using the information to make decisions regarding employment benefits and hiring. New Read More
Read MoreScope of Those Entitled to Bring a New Jersey Discrimination Claim Expanded
The New Jersey Appellate Division in Cowher v. Carson & Roberts recently decided a case that dramatically expands the pool of plaintiffs that may bring a workplace discrimination action under New Jersey’s Law Against Discrimination (LAD). The court held that a man who was not Jewish could pursue a religious discrimination claim under LAD based Read More
Read MoreOverview of New Jersey Age-Based Employment Discrimination Claims
The litigation of an age discrimination claim under New Jersey’s Law Against Discrimination (LAD) involves a complex burden shifting process. This three-part burden shifting framework was created by the U.S. Supreme Court in McDonnell Douglas Corp v. Green and applied in New Jersey cases like Zive v. Stanley Roberts, Inc. Because understanding how to prove Read More
Read MoreHow Your Employment Contract Can Impact an Employment Discrimination Claim
When executing an employment contract with an employer, the importance of having a lawyer review the contract promptly can hardly be overstated. The importance of seeking legal advice regarding a prospective employment contract is illustrated by the recent decision Gavin vs. AT&T SERVICES, INC. In this case, a federal judge in New Jersey rejected an Read More
Read MoreProposed Legislation May Significantly Expand Back Pay in New Jersey Wage Discrimination Cases
Pending legislation could dramatically expand the right of New Jersey employees to recover back pay based on wage discrimination claims. Senate Bill No. 1933/Assembly Bill 2650 would amend the New Jersey’s Law Against Discrimination (NJLAD), delineating the initial discriminatory act or decision as a “continuing violation” each time compensation is provided to the affected employee. Read More
Read MoreCEPA Does Not Protect New Jersey Whistleblowers Terminated for Doing Their Jobs
When you are an employee who witnesses unlawful, fraudulent or hazardous conduct by co-workers or supervisory personnel, you may find that you are in an awkward position. If you report the activity to managers, you may be afraid of some form of retribution from your employer, while remaining silent about the transgressions may expose you Read More
Read MoreQuid Pro Quo vs. Hostile Work Environment in a New Jersey Sexual Harassment Lawsuit
While most New Jersey employees understand that they do not have to submit to sexual harassment in the workplace, they are less confident in their ability to identify an act of sexual harassment. Some cases of sexual harassment may be straightforward, such as an employer or potential employer that adds inappropriate conditions to receiving job-related Read More
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