A ruling opinion from the United States District Court for the District of New Jersey recognizes that an employee can be protected by New Jersey’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”), even if her employer knew about the issue before the employee objected about it. Jacqueline Martelack worked…
Earlier this year, the New Jersey Supreme Court ruled that in an employment discrimination lawsuit the employee’s treating physician can offer medical opinions relating to the medical treatment without having to be designated an expert witness. Patricia Delvecchio worked for the Township of Bridgewater as a police dispatcher. Ms. Delvecchio…
Rabner Baumgart Ben-Asher & Nirenberg, P.C. is pleased to announce that Joseph S. Fine has become Of Counsel to the firm. Joe represents unions and employees in arbitrations, mediations, and negotiations, and in litigation at the National Labor Relations Board (“NLRB”) and before state and federal courts, and to counsel…
Earlier this week, I was quoted in the New Jersey Law Journal regarding the lawsuit Grethen Carlson recently filed against Roger Ailes, the CEO of Fox News Network. Ms. Carlson alleges that Mr. Ailes sexually harassed her and eventually fired her as a Fox News anchor because she resisted his…
The New Jersey Supreme recently ruled that evidence showing an employer told a key witness to provide false information during a company’s internal sexual harassment investigation can be relevant at the trial. Tonique Griffin, Virginia Best and Rosalyn Walker, three female employees of the City of East Orange, claim their supervisor,…
Last week, the New Jersey Supreme Court concluded that the New Jersey Law Against Discrimination (“LAD”), which includes a prohibition against marital status discrimination, not only makes it unlawful for employers to discriminate against employee because they are married or single but also because they are separated, engaged, or seeking…
Earlier this week, the New Jersey Supreme Court ruled that private parties cannot agree to shorten the two year statute of limitations that applies to the New Jersey Law Against Discrimination (“LAD”). The case was filed by Sergio Rodriguez. When Mr. Rodriguez applied for a job as a Helper for…
It has become extremely common, if not standard practice, for employers to include non-disparagement clauses in settlement agreements and severance packages they offer to their former employees. These provisions prohibit employees from saying anything negative about their former employers. They are extremely broad, since they prohibit true but negative statements…
The United States Supreme Court recently ruled that in constructive discharge cases the 45-day deadline for federal employees to contact the United States Equal Employment Opportunity Commission (“EEOC”) begins on the day the employee resigned. A constructive discharge occurs when an employee resigns after the “working conditions become so intolerable…
A recent decision from New Jersey’s Appellate Division recognizes that the anti-retaliation provisions of the Americans with Disabilities Act (“ADA”) and Title VII of the Civil Rights Act of 1964 (“Title VII”) do not protect an employee who submits a false affidavit in support of a coworkers’ discrimination claim. Ariel…