What Does it Mean to Mitigate Your Damages? In a discrimination, retaliation, or other wrongful termination case, the largest component of your damages is often your lost wages. The starting point to calculate those damages is to figure out how much you would have received from your former employer if…
Ownership in a closely held corporation can offer a great opportunity. If the business is successful, corporate ownership can be financially lucrative, offer a career with excellent job security, and otherwise can be a fulfilling venture. Unfortunately, sometimes the controlling shareholders in a small business can take advantage of one…
On July 7, 2008, in the case of Roa v. LAFE, the New Jersey Appellate Division ruled that retaliation that occurs after an employee was fired can violate the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1, et seq. The New Jersey Law Against Discrimination prohibits discrimination in employment, housing…
On August 4, 2008, the New Jersey Supreme Court ruled that repeatedly asking a woman out on a date, even when she repeatedly declines the invitations, does not constitute unlawful sexual harassment. More specifically, New Jersey’s highest Court ruled the harassment alleged was not severe or frequent enough to be…
If you have experienced workplace discrimination, harassment, or retaliation, a breach of your contract, or another violation of your employment law rights, you might want to meet with an experienced employment lawyer to discuss your employment law rights. But what should you bring to your initial consultation with an employment…
From the standpoint of employees, random drug testing policies can be invasive, offensive, and a violation of their right to privacy. For example, drug testing can reveal information about an employee’s medical condition or prescribed medication, even when the employer has no legitimate right to that information. In contrast, from…
Today, President George W. Bush signed the ADA Amendments Act of 2008 into law. As previously discussed, the Act restores the original intent of the Americans with Disabilities Act of 1990 (the ADA), and is intended to increase protection for disabled employees from discrimination. Among other things, it substantially expands…
On September 11, 2008, the Senate unanimously voted in favor of the ADA Amendments Act of 2008. If it were to become law, the Act would “restore the intent and protections of the Americans with Disabilities Act of 1990” (the ADA) by protecting many more disabled individuals from discrimination. The…
Employers must Offer Reasonable AccommodationsIf it Is Obvious Disabled Employee Needs One An employer is required to provide a reasonable accommodation for a disabled employee if it is obvious the employee needs a reasonable accommodation to perform the essential functions of his or her job, even if the employee never…
Employee Rights LawsPart 4: Overview of New York Employment Law Statutes In most states, including New York, unless you have a written employment contract, are a member of a labor union, or are a civil service employee, you are probably an employee at will. Employment at will is the general…