Wrongful Discharge

Employment Attorneys Serving Northern and Central New Jersey

On  February 21, 2018, the United States Surpreme Court ruled 9-0 in Digital Realty Trust v. Somers that whistleblowers cannot bring a claim under the Dodd Frank Act if they did not notify the Securities and Exchange Commission in writing.  While this is considered a blow to protect whistleblowers, there are still three different ways for an New Jersey employee of a publicly traded company to vindicate their rights.

In recent months, there has been a lot of publicity and public discussion about sexual harassment, abuse and misconduct.  One thing that is clear is that it is still rampant throughout our economy and men like Bill O''Reilly and Harvey Weinstein had repeatedly acted badly throughout the years with their only punishment being that they paid their victims off to keep them quiet.  The question is, should there be laws passed to ban confidentiality agreements when sex harassment cases are settled.

The federal  3rd Circuit Court of Appeals in Philadelphia yesterday overturned the dismissal of an in-house patent lawyer's claim that he was fired because he refused to participate in conduct that would have violated the New Jersey Rules of Professional Conduct governing attorneys and the rules of the United States Patent and Trademark Office.  In that case, a  French beauty company required patent in-house counsel to satisfy a quota of patent applications which if not met, would result in termination.  Plaintiff objected that he could not submit applications that did not have a

The New York Times just published an article on how GoDaddy is trying to eliminate sexism in the workplace.  This is the same company whose advertising was notoriously salacious and degrading to women.  With the hiring of CEO Blake Irving, the company has engaged in a campaign that looks at everything including criteria for performance evaluations that disfavor women to changing job descriptions that favored implicit male aggression.   To see what GoDaddy is doing, first click on the title of this blog and then click on the word,

The Third Circuit Court of Appeals (covering New Jersey, Pennsylvania, Delaware and the Virgin Islands) ruled last week that a supervisor's use of the "n" word while threatening to fire African American employees is sufficient to allow a lawsuit to proceed under federal civil rights statutes.  The appellate decision reversed the trial court's dismissal of the case and stated that the district court relied on the wrong legal standard when doing so.  Click on the decision to see why th

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