Thinking of blowing the “whistle” on your boss? (New Jersey’s Conscientious Employee Protection Act)

HNW Business Law, Employment Law

There are numerous federal and state laws that protect “whistleblowers” who report the unfair or illegal practices of their employers, of which New Jersey’s CEPA law is just one.  CEPA provides that employers may not retaliate against workers who disclose (or threaten to disclose) practices of the employer that they believe are violations of the law.  CEPA also protects employees who refuse to participate in unlawful or fraudulent activities or those that may harm the health, safety or welfare of the public.  Employees must be careful in asserting their rights under CEPA, as certain steps are necessary to ensure protection under the law.  If your employer asks you to do an act you feel is illegal or against public policy, …

Know Your Rights: Employee Retirement Income Security Act (ERISA)

HNW Business Law, Employment Law

            The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension plans, health plans, and employment-related compensation within private industry.             You may have a claim for a violation of ERISA if:             *You were wrongfully denied health benefits that are/were offered through your employer;               *You were retaliated against for questioning or testifying about employment related compensation or benefits;               *You were terminated by your employer to prevent you from obtaining specific employment benefits (i.e. vesting pension);            *You were not provided severance in accordance with a well-defined severance plan/policy of your employer;             *A misrepresentation was made by your employer about your employment benefits; …

An Employees’ Failure to Disclose His Expunged Convictions on Job Applications Did Not Prohibit His Claim for Discrimination under New Jersey Law

HNW Business Law, Employment Law

For more information on Employment Law, click here: A recent lawsuit filed by a law enforcement employee who failed to disclose his expunged convictions does not prohibit him from pursuing a workplace discrimination complaint against his employer for workplace harassment but the evidence of the convictions could be used to limit or potentially reduce economic damages.   In a widely anticipated decision by the New Jersey Supreme Court, the Court has ruled that even intentional withholdings of information by prospective employees which are later discovered by the employer is not a defense available to the employer if the employee is able to establish workplace violations actionable under the Law Against Discrimination (LAD).  The Court did rule however, that the evidence of …

What are the Medicaid implications of a second marriage?

HNW Elder Law, Medicaid Eligibility and Asset Protection Planning

For more information about Medicaid and Medicare, click here: Seniors who get remarried are often concerned about what will happen to their assets if their new spouse enters the nursing home in the future. They are concerned that their hard-earned assets they saved could be lost. They also want to make sure that when they die their assets will go to their children. Although the prenuptial agreement will protect the senior’s assets from claims of his surviving spouse when he dies, the prenuptial agreement does not protect his assets from his spouse’s nursing home expenses. Seniors who have entered into second marriages are often surprised to learn that the prenuptial agreement that specified that their spouse had no claim to …

Can a spouse keep the marital home if the other spouse enters a long-term facility?

HNW Elder Law, Medicaid Eligibility and Asset Protection Planning

For more information about Medicaid and Medicare, click here: Many families are concerned that if a spouse enters a long-term care facility, then the marital home will be eventually lost. Medicaid has no intention of evicting the at-home spouse (also known as the “community spouse”). Nor does Medicaid require the at-home spouse to sell the home and apply the proceeds toward long-term care costs. However, Medicaid can, under the veil of estate recovery, place a “lien” of claim on the subject premises. When the community spouse passes away or sells the house, then Medicaid can demand to be reimbursed for all monies expended on behalf of the ailing spouse.

The Civil Rights Act of 1964

HNW Business Law, Employment Law

For more information on Employment Law, click here: Title VII of the Civil Rights Act of 1964 protects employees and job applicants against discrimination on the basis of sex (including pregnancy), race, color, national origin or religion.  Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of prohibited characteristics.  Title VII covers employers with 15 or more employees, including state and local governments.  To learn more about the types of discrimination prohibited by Title VII, visit the Equal Employment Opportunity Commission here.

New Jersey Court holds Executors and Trustees potentially liable for damages

HNW Elder Law, Estate Administration and Probate

Punitive Damages Okayed in Probate Case: The New Jersey Supreme Court on July 22, 2008 considered the circumstances in which it is appropriate to award punitive damages against a fiduciary in a case involving Wills, Trusts, Probate proceedings and lifetime transfers.   In this case, a lawsuit was filed against a doctor who was alleged to have persuaded the decedent to transfer a large home in Spring Lake, New Jersey to him in lieu of the local Volunteer First Aide Squad who was the prior testamentary beneficiary under her Last Will and Testament.  In its analysis, the Court concluded that the remedy of punitive damages is limited to situations where an individual (who is essentially a stranger to the testator) …

Fact Sheet — Understanding the Veterans Pension Benefit (Commonly Called Aid and Attendance)

HNW Elder Law, Veterans Benefits to Pay for Long Term Care

Why is it important for government agencies, care providers or eldercare advisers to know about this Pension? The national care planning Council estimates that approximately 11.5 million seniors — about 33% of all people over 65 — could qualify for Pension or Death Pension by meeting the tests outlined in this fact sheet.  That’s how many war veterans or their surviving spouses or their living spouses there are in this country.  Unfortunately, few people know how to get this benefit and currently only about 543,000 individuals are actually receiving it.  This represents only 4.7% of those who could be eligible. What is Pension? Improved Pension and Death Pension are disability income programs available to veterans or to the single surviving …

Car Accidents Occur Every Ten Seconds

HNW Additional Practice Areas, Personal Injury and Negligence Cases

For more information on car accident cases, click here. There is an automobile accident every 10 seconds of every day in America, over 6 million every year. Every 13 minutes there is a death caused by a motor vehicle accident. These car accidents cause over 40,000 deaths and 3 million injuries each year. Because New Jersey’s highways are so heavily traveled, a disproportionate number of these accidents occur in our state. Medical bills, lost wages, physical incapacity, rehabilitation and future healthcare may seem insurmountable obstacles, especially when confronted with dealing with the other driver’s insurance company. In New Jersey, when a loved one dies because of the carelessness of another, the survivors may be entitled to damages. In New Jersey, …

Age Discrimination in Employment Act

HNW Business Law, Employment Law

To learn more about Employment Law, click here. The ADEA protects people 40 years of age or older from discrimination in the workplace or when applying for jobs.  The ADEA further protects workers from retaliation for openly opposing discriminatory practices based on age or from cooperating with or participating in litigation under the ADEA.  The ADEA covers employers with 20 or more employees, including state and local governments. To learn more about your rights under this federal statute, check out the EEOC’s ADEA page.