The gradual reopening of society during the COVID-19 pandemic presents certain challenges for employers and employees to navigate. One of these involves the decision to bring employees back into the office rather than allow them to continue working remotely. Employers must be extremely diligent in following all state mandated health guidelines when bringing employees back to the office. Employees need to understand that they have rights in the event that they are terminated or retaliated against in any way for filing a whistleblower complaint about the safety of their work environment during the COVID-19 pandemic.What Are My Rights... Read More
Green Savits Employment Law Blog
Employment Attorneys Serving Northern and Central New Jersey
Many potential clients enter our office to pursue their claims of discrimination with stacks of documents that they think support their cases. Some of these documents are merely their own performance evaluations or company policies that they were given to them at the start of their employment. However, sometimes, clients bring us copies of emails, company financial information, or other employees’ performance evaluations that they helped themselves to when they still had access to their employers’ documents. This always begs the question, “was their self-help legal?”
Self-help copying of documents is always a risk. While copying...Read More
During the COVID-19 pandemic, many doctors and nurses throughout New Jersey have been forced to perform their duties in unsafe working environments. Not only do these front-line workers face increased risk for exposure to the novel coronavirus, they also fear losing their jobs for voicing concerns over equipment shortages and other safety issues.
In a recent New York Times article, Theresa Brown, a nurse, writer, and clinical faculty member at the University of Pittsburgh School of Nursing, describes the challenges of publicly advocating for safer working conditions when many hospitals have instituted gag orders. In this...Read More
In June of 2015, the New Jersey Supreme Court ruled that an employee who takes an employer's confidential documents can face criminal prosecution. In the case, State v. Saavedra, a school board employee allegedly took confidential student files – some of which were the only copy – along with other documents that contained personal information about other individuals.
This ruling has clarified that it illegal for an employee to take:An employer's original documents An employer's only copy of documents Documents that contain confidential information about other individuals Documents that an employee was not entitled to see while... Read More
A work environment free of discrimination and harassment is guaranteed by law. While we’ve come a long way towards achieving this goal in recent years, workplace discrimination still exists. For many men and women experiencing this mistreatment, it can lead to a feeling of powerlessness and an unpleasant working environment.
Individuals often experience workplace discrimination on the basis of:Race Gender Age Religion Sexual orientation Disability Pregnancy (women often face discrimination when taking maternity leave after giving birth)
It’s important to understand that discrimination based on these factors is illegal. If...Read More
Forced arbitration is a tactic that employers use to suppress their employees' rights to sue them. The Supreme Court has found that companies can force workers to give up their right to file a class-action suit and require employees to arbitrate any disputes individually. Workers who don't comply can be fired.
At Green Savits, LLC, our Florham Park employment lawyers have decades of experience fighting for workers' rights. We recognize that forced arbitration is an unfair practice that puts workers at a disadvantage. If your employer is trying to force arbitration on you and your coworkers, we will represent you in arbitration to...Read More
Whistleblower protection laws forbid employers from firing, demoting, or otherwise punishing an employee for disclosing or refusing to participate in illegal conduct. Without these laws, employees would have little ability to object to business activities they believe are illegal or dangerous. Whistleblower protection laws are essential to the functioning of our democracy.
However, even though these laws exist, blowing the whistle can be an incredibly scary experience. Even if you are confident that you are right, and that you would win a whistleblower retaliation lawsuit, potentially suffering consequences for listening to your...Read More
Hair discrimination is unjust or prejudicial treatment based on an individual's natural hairstyle in the workplace, housing, and schools. It is primarily felt by black Americans, whose hair naturally has a different texture and style than other races.
In December 2019, New Jersey Senator Cory Booker introduced legislation into the Senate that would specifically ban racial discrimination based on natural hairstyles, such as braids, twists, or locs. This is the first federal bill of its kind. It comes on the heels of several states, including New Jersey, introducing similar legislation at the state level.
This blog from the...Read More
Your employer has a legal obligation to provide you with a safe workplace free of hostility and abuse. If you have been subjected to a hostile work environment because of harassment based on your membership in a protected class, you may be able to sue your employer.
However, proving such a claim is complicated because the plaintiff must prove not only that the harassment occurred, but that it was "severe or pervasive" enough to create a hostile work environment. This blog from the experienced employment attorneys at Green Savits, LLC explains how the severe or pervasive standard works and how courts apply it.What is Workplace... Read More
Sexual harassment is never tolerable, but it is unfortunately common in many workplaces. Despite federal and state laws against discrimination, including sexual harassment, and the policies many employers implement to prevent it, people are still harassed by their coworkers and supervisors.
At Green Savits, LLC, we find this unacceptable. If you have dealt with sexual harassment, our experienced employment attorneys will fight to bring you justice. This blog explains how workplace sexual harassment is defined and how to file a claim against your harasser and your employer.What is Sexual Harassment?
Sexual harassment is...Read More