Can an At-Will Employee With No Contract of Employment and No Promise Or Term of Employment File For Judgement?

HNW Business Law, Employment Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Employment and Contract Law Attorney The “you work for me at my will” commonly referred to as the “at-will doctrine” remains the rule of New Jersey employment law today.  Absent a writing specifying the term, or duration, of the employment relationship, under the common law in New Jersey, the employment is presumed to be terminable at-will.   The employment at-will doctrine means that, in the absence of an employment contract, the employment relationship can be terminated by either the employee or the employer at any time and for any reason, with or without notice or cause, unless prohibited by law or public policy. Thus, when employment in New …

Terminating a Tenured Versus Non-Tenured Employee Working At a Public or Charter School

HNW Business Law, Employment Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ School Attorney Tenure for teachers in our public education system has been a controversial topic with the uncertainty of the economy and people leaving their jobs.  Tenure prevents a teacher from being fired or disciplined, including receiving a pay cut, unless the school can prove through notice and a hearing that a teacher has shown evidence of “inefficiency, incapacity, unbecoming conduct, or other just cause” per N.J.S.A. 18A:6-10.  Just cause also means being convicted of a certain crime as defined under N.J.S.A. 18A:6-7.1.  This would include: Sexual Assaults Endangering the welfare of children Reckless Endangerment Abuse, abandonment, cruelty and neglect of child Resisting arrest An offense involving …

Do I Have to Confirm That a Former Employee Did Work for Me?

HNW Business Law, Employment Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business Corporate Employment Attorney Recently, one of our corporate clients got a question about one of their former employees and whether this person worked there.  This employee had several disagreements with his immediate supervisor, and was thereby terminated.  The client didn’t want to acknowledge that the person worked there, so it asked us whether it had an affirmative duty to do this. Interestingly, the law on this subject is sparse, at best.  In a New Jersey Supreme Court case, Singer v. Beach Trading Co., the Court recognized that like many states, New Jersey has not determined whether an employer has an affirmative duty to mention whether someone …

Answers to Your Questions about the Federal and New Jersey Medical Leave Act (FMLA)

HNW Business Law, Employment Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Employment Law Attorney Certain employers under this law are required to provide the opportunity for an employee to take leave from the company.  Employees who qualify may take family leave of a period of no more than 12 weeks over the span of 24 months.  Family leave is often taken when a worker is pregnant, but can also be taken to take care of a sick child who is in the hospital or has a serious, chronic health condition.  The leave does not have to be paid for by the company, but nonetheless must be given if the employee qualifies.  This article will discuss the applicability of …

IS RAIDING A COMPETITOR’S EMPLOYEE(S) ACTIONABLE IN NJ

HNW Business Law, Employment Law

By Fredrick P. Niemann, Esq. a NJ Employment Law Attorney Can you recruit that co-worker or a key employee of a competitor in New Jersey?  The answer is tricky and very fact and business specific.  Employers need be cautious and take a good look at how they have treated their employee because a court may refuse to grant the employer relief where the employer has treated the employee unfairly. Generally, a former employee can solicit their former co-workers, and any competitor can recruit your employees, as long as he or she does not cause the co-workers to breach an employment contract or cause excessive harm when multiple employees resign en masse.  In a reported NJ case, a competitor was found …

HOW AN EMPLOYEE HANDBOOK CAN PROTECT AN EMPLOYER FROM LIABILITY

HNW Business Law, Employment Law

By Fredrick P. Niemann, Esq. a New Jersey Employment Law Attorney Employers and employees often look upon the Employee Handbook as an employment agreement.  Given New Jersey’s presumption of at-will employment, many employers are reluctant to risk granting more rights to an employee than mandated by law.  However, such a limited view may expose an employer to even greater liability. The court held that a provision within an employee handbook was enforceable as an employment contract: When an employer of a substantial number of employees circulates a manual that, when fairly read, provides that certain benefits are an incident of the employment (including, especially a job security provision), the judiciary, instead of “grudgingly” conceding the enforceability of those provisions, may …

THE USE OF EMPLOYMENT AGREEMENTS TO ALTER LEGALTHE USE OF EMPLOYMENT AGREEMENTS TO ALTER LEGAL

HNW Business Law, Employment Law

By Fredrick P. Niemann, Esq. a New Jersey Employment Attorney A recent federal court decision in New Jersey upheld a provision in an arbitration agreement that subjected an employee to the imposition of attorney’s fees in a failed claim against the employee, but also prevented the arbitrator from awarding punitive or exemplary damages in the employee’s favor. In this case, the  plaintiff was employed by the defendant and alleged that the employer violated his rights by failing to pay overtime and the NJLAD by denying his request to work at home when he was diagnosed with an anxiety disorder. The plaintiff also alleged that the employer violated NJLAD by terminating him in retaliation for his request for the accommodation. The …

NJ EMPLOYMENT CONTRACT DISPUTE LAWYER SIMPLIFIES EMPLOYMENT CONTRACT DISPUTES

HNW Business Law, Contracts, Employment Law

By Fredrick P. Niemann, Esq. a New Jersey Employment Contract Lawyer An understanding and knowledge of contract law is an important duty of any NJ Employment Contract Dispute Lawyer. Nevertheless, it is still best if you equip yourself with the basic knowledge pertaining to NJ employment contract dispute because only in this manner can you safeguard yourself and your family’s future against possible irregularities done against you by your employer. Remember that the law excuses no one yet understanding of it can protect you from potential harm and damages in the future! Employment Contract Dispute Defined NJ employment contract dispute lawyer defines it as allegations filed by one against the other in reference to a possible breach in the oral …

New Jersey Employers and Employees Must Always Be Aware of the Language In Their Contracts

HNW Business Law, Contracts, Employment Law

By Fredrick P. Niemann, Esq., a NJ Contracts Attorney  A large number of employers and employees throughout New Jersey are having signed an employment contract. Unfortunately, employees often do not read the contracts before they sign them, seeing it as too complicated or simply because they are too lazy. What many of these employees do not realize is that the language of the contract will bind both them and their employer once both parties have signed it. This makes it crucial that one reads and understands their employment contract prior to signing it. An employee cannot claim a defense based on the fact that they did not read the contract despite the fact that they signed it. Your signature, unless …

NEW JERSEY BUSINESS DISPUTE – THE QUESTION OF BREACH OF FIDUCIARY DUTY AND UNFAIR COMPETITION IN BUSINESS

HNW Business Law, Business Litigation, Employment Law

By Fredrick P. Niemann, Esq. New Jersey Business Lawyer What actions can be brought against a management employee and officer of a corporation who secretly forms a competing business while employed by the corporation? ANSWER New Jersey courts have found that if a management employee secretly forms a competing corporation, then the management employee may be liable for a breach of duty of loyalty to the employer which can also be imputed to the newly formed competing corporation. In a recent case, a vice president/director and his wife formed two businesses while still employed at Vibra-Tech. One of these businesses was in direct competition for the same customer base. The other business sold equipment to Vibra-Tech. Vibra-Tech had no knowledge …