Green Savits Employment Law Blog

Employment Attorneys Serving Northern and Central New Jersey

July 17, 2017

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 the court ruled as it did.

If you believe that remarks in the workplace about you and your status are so severe as to make your work environment hostile...

Read More
July 07, 2017

Elizabeth Spiers, founder of The Insurrection, who is not a lawyer but well versed in the IT field had an uncanny take that sexual harassers who selectively harass some women but not others should not be let off the hook.  She is correct in her assessment that this is no defense when it comes to prosecuting sexual harassment cases.  Her article, which is published on Linked-In, can be be viewed here.

The tech industry's reputation as a young "bro" culture has been born out in cases that we have litigated against tech companies.  This is especially true with regard to female employees and older employees of both genders.  If you...

Read More
June 29, 2017

In 2010, Congress passed the Dodd Frank Act which in part was designed to expand legal protection to whistleblowing employees of publicly traded companies who disclose, object to or refuse to participate in conduct that violates federal securities laws. On June 26, 2017, the United States Supreme Court agreed to hear an appeal from the 9th Circuit Court of Appeals in San Francisco to decide whether the Dodd Frank Act protects a whistleblowing employee who objects to federal securities laws violations to company management but not to the Securities and Exchange Commission (SEC). Thus, the Supreme Court will resolve conflicting rulings...

Read More
June 09, 2017

So far, it appears the the EEOC during the Trump Presidency will emphasize enforcing the federal Age Discrimination in Employment Act which prohbits age discrimination against employees over 40 years old.  See, Age Discrimination Next Up on EEOC’s Radar – Workforce Magazine.  Hopefully, this is not just window dressing but real action.  Studies by labor economists and the Federal Reserve Bank in San Francisco have found that older job candidates, and in particular women in their 50's, have a much tougher time even in obtaining job interviews than younger job candidates.

Our firm's experience when representing New Jersey individuals...

Read More
May 16, 2017

The attorneys at Green Savits have handled many whistleblower cases on behalf of police officers, doctors, corporate senior management, sales employees and others. So when we observed the firing of FBI Director James Comey, we immediately recognized the classic elements of whistleblower cases being played out on the national stage.  The Comey firing is instructive on how whistleblower cases are proven.

When President Donald Trump fired FBI Director Comey, various reasons were given to justify the decision. First, the Trump Administration’s press secretaries said the decision was based on now former Director’s Comey public...

Read More
May 15, 2017

The May 14, 2017 New York Times Sunday Business Section ran an in-depth feature article exploring how employers are requiring employees more and more to sign non-compete agreements. As the article points out, employers use to reserve the use of non-compete agreements for senior management.  That has changed recently and has spread to the lowest rung employees.  Because court battles over the validity of non-compete agreement require a lot of attorney time, attorneys who represent employees must charge on the hour and most employees cannot afford to pay those fees.  One or two of the employees interviewed in the Times article went bankrupt...

Read More
April 20, 2017


As Baby Boomers age, their employment becomes more precarious. What makes this even tougher for Boomers are their finances after paying exorbitant college tuition bills for their children (for those that can even afford it) and and less than optimal savings. Accordingly, Boomers must work longer to have a decent semblance of retirement.

A significant age discrimination verdict against defense contractor Lockheed Martin in New Jersey federal court this past January illustrates what companies will do in order to justify terminating older employees. Here is a description of what happened to the older Lockheed employee and why...

Read More
March 23, 2017

The Federal Reserve Bank in San Francisco conducted a study in 2015 how age discrimination affects men and women. Researchers sent out approximately 40,000 applications to employers for 13,000 positions in eleven cities across twelve different states.  The study concluded that older women applying for jobs were 47% more likely to be initially rejected for administrative positions than their younger counterparts.

This study has important implications for proving lost wages and benefits suffered by older women who were illegaly terminated.  Employers often argue that it is too speculative to predict wage and benefit losses into the...

Read More
March 16, 2017

We frequently receive calls from recently terminated employees who want to know if they are entitled to severance pay from their employer upon termination. They are understandably never happy to hear that the answer to that question is no. Generally, employers are not required to pay employees severance at termination with the following exceptions:

If a contract between employee and employer provides for severance upon separation; or If an employer has a specific, written policy to provide severance to employees upon separation, the employer must apply that policy.

If you believe your employer is violating your employment contract...

Read More
March 07, 2017

Before choosing to proceed with litigation for employment discrimination, our clients often ask us whether the litigation will impact their receipt of unemployment benefits. While the answer to that question is clearly no, whether defendants could later seek an offset of unemployment benefits received against damages recovered by prevailing plaintiffs in employment discrimination litigation has remained somewhat unclear. Until yesterday.

In it's March 6, 2017 written opinion, New Jersey's Appellate Division confirmed in Acevedo v. Flightsafety Int'l, Inc. that damages awarded to a plaintiff in employment discrimination cases under...

Read More