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New Jersey Employment Lawyer Blog

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Employee Can Forfeit Salary Through Extreme Disloyalty to Employer

One important employment law principle is that employees owe a duty of loyalty to their employers. This generally means they cannot act contrary to the interest of their current employer. The New Jersey Supreme Court recently explained that an employee who breaches this duty can be required to pay back…

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Court Finds No Gender Discrimination in Weight Requirements for “Borgata Babes”

A recent decision from the New Jersey Appellate Division holds that the Borgata Casino Hotel & Spa’s did not violate the New Jersey Law Against Discrimination (“LAD”) by requiring certain employees not to gain too much weight. The Marina District Development Company, LLC, better known as the Borgata Casino Hotel…

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Employer Must Request More Information Before Denying FMLA Leave Based on Deficient Medical Certification

The Third Circuit Court of Appeals recently ruled that when an employee submits a deficient medical certification in support of a request to take time off pursuant to the Family Medical Leave Act (“FMLA”), the employer has to give the employee an opportunity to correct the deficiencies before it can…

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No Compensatory Damages for Breach of Non-Compete Agreement Without Proof of Actual Harm

A recent decision from the District of New Jersey recognizes that employers are not entitled to compensatory damages from employee who breach their non-competition agreements unless the employer can prove it would have received the income but-for the violation. The case involved Jose Munoz and Roberto Abreu, two former employees…

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Employer Cannot Fire Employee for Requesting Time Off for Disability

A recent employment law case from the District of New Jersey demonstrates that you might be entitled to time off from work for a disability under the New Jersey Law Against Discrimination (“LAD”) even if you are not protected by the Family & Medical Leave Act (“FMLA”). Colleen Pizzo worked…

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Ineffective Policy No Defense to Sexual Harassment Claims

A recent decision by New Jersey’s Appellate Division makes it clear that merely having an anti-harassment policy does not insulate employers from sexual harassment lawsuits. The ruling comes on the heels of the New Jersey Supreme Court’s ruling earlier this year in Aguas v. State of New Jersey, which created…

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New Jersey’s Whistleblower Law Protects All Employees, Including “Watchdogs”

Yesterday, the New Jersey Supreme Court ruled that New Jersey’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”), protects employees who blow the whistle about issues that relate to their job duties. CEPA is a broad whistleblower law. It prohibits employers from retaliating against employees who, among other things, object…

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