Publications
Plaintiff's belief that he answered a pre-employment screening question truthfully failed to establish that his termination was a pretext for disability discrimination.
The plaintiff alleged that he was discriminated against on the basis of his disability after he received medical treatment for an alleged work-related injury.
Case Law Alert, 3rd Quarter 2013
Plaintiff cannot sustain a constructive discharge claim based upon one discriminatory comment and incident.
The plaintiff asserted a hostile work environment and constructive discharge claim after he resigned from his employment in February 2010.
Case Law Alert, 3rd Quarter 2013
Validity and scope of mandatory arbitration provision.
The plaintiff was employed by TruGreen as a sales and telemarketing technician for approximately four months. Following his termination, he applied for and was hired by Terminix.
Case Law Alert, 3rd Quarter 2013
Workers' compensation immunity not lost by allowing employees to operate dangerous machinery without safety guard.
While in the course of his employment, the plaintiff was injured when his jacket was pulled into the driveshaft of a wood grinding machine.
Case Law Alert, 3rd Quarter 2013
FLSA exemption in Motor Carrier Act does not apply when employee works on both commercial and non-commercial vehicles.
The plaintiff worked on both commercial and non-commercial vehicles during the course of her employment and regularly worked over 40 hours per week.
Case Law Alert, 3rd Quarter 2013
Threat of termination may be sufficient adverse employment action to maintain discrimination action under the New Jersey Law Against Discrimination.
The plaintiff worked as a psychologist for the state of New Jersey. She alleged the existence of a hostile work environment based upon sexually inappropriate comments and behavior.
Case Law Alert, 3rd Quarter 2013
Terminating an employee for retaining legal counsel for private dispute with employer is against public policy.
The plaintiff retained legal counsel concerning a dispute with his employer over the extent of a stock option offer. The next day, the plaintiff was terminated.
Case Law Alert, 3rd Quarter 2013
New Jersey Law Against Discrimination recognizes alcoholism as disability.
The plaintiff was employed by Equifax and was notified that his position was being eliminated. He applied for a number of open positions at Equifax and alleged that he was not hired because he was an alcoholic.
Case Law Alert, 3rd Quarter 2013
Pennsylvania Supreme Court holds that a non-compete provision contained in an employment agreement was enforceable, despite the fact that the non-compete provision was not expressly referenced in the employee's offer letter.
The Pennsylvania Supreme Court held that a restrictive covenant contained in an employment contract was valid and precluded the employee from continuing his employment with a competitor, even though the initial offer letter provided to the employe
Case Law Alerts, 3rd Quarter 2013
Appellate Division addresses waiver of designated trial counsel in older cases.
The Panel addressed R. 4:25-4, which permits a party to designate trial counsel.
Case Law Alert, 3rd Quarter 2013