Fee shifting is basically shifting the fees from the party who bought the lawsuit to the party who lost the lawsuit. So basically, what that means is in employment discrimination, and in almost every civil rights statute, if you are successful, the court can order and often does order the…
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If an employee has a disability and it’s affecting their ability to work, it is important to engage in a dialogue with their employer. If there is an accommodation that the employer can make so that the worker is able to fully function in their job, it should be implemented. This…
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Each state has a wage and hour law requiring an employer to pay certain minimum wages as well as the regularity with which wages have to be paid. So if you feel you’ve been cheated or not paid in accordance to the law, each state has its own agency within…
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Sometimes an employer will suspend an employee pending on the outcome of an investigation or criminal matter. If you are suspended pending the outcome of an investigation or a criminal matter that means that your employer doesn’t have to place you in the workplace while that investigation is ongoing. Often…
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If your employer has touched you in any way that is made you feel uncomfortable, that’s not acceptable. You should immediately contact either an agency or an attorney who can help you understand what your rights are and make your workplace a comfortable and safe environment for you. The employer…
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Whether or not an employer can suspend one of their employees indefinitely, is an interesting topic. It often depends on the recent suspension from the company or entity that you work for. Private employers probably have far greater rights to suspend you indefinitely than does the public employer. An employee should…
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Employees often have questions when they are presented with a contract for employment about whether the employer will agree to negotiate any part of that contract. Sometimes, that is possible, sometimes, it’s not. Often an employer, depending on the size and the regular use of that contract, will simply refuse…
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Employees often have questions about whether their employer can send them for a random drug or alcohol test. In Pennsylvania and New Jersey, there are no laws regulating those test in private employment. However, you should be aware that your employer should have reasonable cause or at least a policy…
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As a public employee in New Jersey, depending on what kind of municipality you work for whether it’s civil service or non-civil service, you have really a really a platform of rights. You always have the right to a hearing under civil service rules if your employer decides to suspend…
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I’m often asked by employees what kind of damages they can recover and whether it’s worthwhile to pursue a discrimination lawsuit. You should be aware that if you file a discrimination lawsuit and you are successful, you can be awarded compensatory damages which will include damages that you have for…
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An employee who has any medical disability, even pregnancy when it becomes a disability, does not have to tell their employer unless they’re seeking an accommodation or disability leave. Otherwise, your medical conditions are your personal private information. Often employees who are pregnant or who have any other medical condition…
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The American with Disabilities Act is an important civil right statute that guarantees or is supposed to guarantee that an employee cannot be discriminated against by its employer, simply because the employee may have a disability. Often we see cases where an employee is fully able to do all of…
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