A recent decision by New Jersey’s Appellate Division recognizes that, under the doctrine of apparent authority, a company’s attorney can bind it to a settlement whether or not the employer actually authorized him to settle the case. Jesus Gonzalez filed an employment discrimination lawsuit against his former employer, Electronic Integration…
Articles Posted in Discrimination
Termination Three Weeks After Medical Leave Supports Disability Discrimination Claim
A recent decision by New Jersey’s Appellate Division demonstrates that under the right circumstances an employee can prove disability discrimination from the fact that her employer fired her shortly after she had surgery. Ada Caballero worked for Cablevision Systems Corporation for 15 years. In 2013, she was divorced. A few…
Close Enough? Who is “Similarly Situated” Under New Jersey Law Against Discrimination?
A recent decision by the Third Circuit Court of Appeals helps clarify who is a “similarly situated” employee in discrimination cases under the New Jersey Law Against Discrimination (“LAD”). This is important since one way to prove discrimination is by showing the employer treated other similarly situated employees more favorably…
New Jersey Employers Can’t Discriminate for Medical Marijuana Use Outside of Work
A recent decision by New Jersey’s Appellate Division recognizes that an employer can violate the New Jersey Law Against Discrimination (“LAD”) if it discriminates against a disabled employee because he uses medically prescribed marijuana to treat a disability outside of the workplace. Justin Wild worked as a licensed funeral director…
New Protection to Employees Under New Jersey Law Against Discrimination
Yesterday, Governor Phil Murphy signed into law a very important amendment to the New Jersey Law Against Discrimination (“LAD”). Employees Cannot Waive Anti-Discrimination Rights in Advance Under the amendment, any provision in an employment contract that requires employees to waive in advance any “substantive or procedural right or remedy relating…
Judge Grants Tax Gross-Up in Discrimination Lawsuit
In a recent opinion, a federal judge ruled that nine retired Jersey City Police Sergeants who prevailed in their employment discrimination and retaliation lawsuits should have their economic damages awards increased to offset the negative tax consequences of receiving a lump sum payment rather than receiving higher salaries and pensions…
Slight Delay to Promotion Not Legally Actionable Discrimination
In a recent opinion, the Third Circuit Court of Appeals ruled that an employer’s failure to promote an employee was not legally actionable discrimination where the employer promoted the same individual to the same job approximately one month later. Evon Grossberg worked for the Hudson County Department of Social Services…
Are Telecommuters Protected by the New Jersey Law Against Discrimination?
The New Jersey Law Against Discrimination (“LAD”) prohibits discrimination in the workplace. But does it protect employees who work for New Jersey companies remotely, such as telecommuters? A recent ruling by New Jersey’s Appellate Division makes it clear that an employee does not have to physically live or work in…
New Jersey Enacts Stronger Equal Pay Law
Governor Murphy signed into law on April 24, 2018 a law known as the Diane B. Allen Equal Pay Act. It amends the New Jersey Law Against Discrimination (“LAD”) to expand and strengthen the rights of employees to be paid equally for their work without regard to their gender, pregnancy,…
Supreme Court Allows More Time to Refile Cases in State Court
Last week, the United States Supreme Court issued an interesting ruling in an employment law case that impacts the statute of limitations. By way of background, when a case is filed in (or removed to) federal court based on the fact that the plaintiff has asserted a federal claim, the…