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Articles Posted in Retaliation

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Discrimination and Retaliation Claims During the COVID-19 Pandemic

Our New Jersey employment lawyers understand that times are extremely difficult for pretty much everyone right now.  But, fortunately, you still have significant rights in the workplace. Being sheltered in place or quarantined and having to engage in social distancing have become the new normal.  The economy has taken an…

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Employees Cannot Waive Punitive Damages Under New Jersey Law Against Discrimination

A recent unpublished opinion from the New Jersey Appellate Division holds that employees cannot waive in advance their right to recover punitive damages under the New Jersey Law Against Discrimination (“LAD”). Milagros Roman worked for Bergen Logistics LLC as a human resources generalist. She claims that her immediate boss, Human…

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New Jersey’s Whistleblower Law Prohibits Retaliatory Transfer to Less Desirable Job

New Jersey’s Appellate Division recently recognized that a transfer to a less desirable job can be actionable retaliation in violation of the state’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”). Jeffrey Scozzafava worked as a detective in the Somerset County Prosecutor’s Office as an instructor and trainer in the…

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New Jersey Enacts New Sick Leave Law

New Sick Leave Requirements Earlier this month, Governor Phil Murphy signed an important new employment law that requires employers to provide paid sick leave to their employees.  Specifically, New Jersey’s new paid sick leave law requires employers to provide most employees one hour of paid sick leave for every 30…

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CEPA Prohibits Employer from Retaliating Against Attorney For Refusing to Violate Ethics Rule

On July 25, 2017, the United States Court of Appeals for the Third Circuit recognized that New Jersey’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”), prohibits an employer form retaliating against a lawyer because he refused to engage in an activity he reasonably believes violates attorney ethics. Steven Trzaska…

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Single Racist Remark Can Be Actionable Harassment

The Third Circuit Court of Appeals recently recognized that a supervisor’s single use of a racial epithet can be enough, on its own, to create a hostile work environment under federal law.  This is consistent with longstanding president under both the New Jersey Law Against Discrimination and the New York…

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Employer’s “Honest Belief” Defeats FMLA Retaliation Claim

Last week, the Third Circuit Court of Appeals ruled that an employee cannot establish a retaliation claim under the Family & Medical Leave Act (“FMLA”) if his employer honestly believed he abused his right to take time off under the FMLA. Frederick Capps worked as a mixer for Mondelez Global,…

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