If you ever want to see an employer's attorney head explode, all you have to do is observe that attorney's reaction when he/she learns that an ex-employee plaintiff has taped conversations in the workplace. This is especially true when the employer's decision-makers have testified in depositions to a completely false explanation of why the employee was fired/demoted etc. and the tape recording completely contradicts that testimony. I have been involved in trying two cases where my fired employee client alleged an illegal discriminatory firing and tape recorded conversations in the workplace prior to the firing. Both cases captured...Read More
Green Savits Employment Law Blog
Employment Attorneys Serving Northern and Central New Jersey
Individuals frequently call for advice concerning the harassment and discrimination they experienced. They tell me they just couldn’t take it anymore and that going to work each day had become an anxiety-filled event, so they resigned from their employment. I assure them that they should not doubt the choice they made, because ultimately they did what they needed to stay happy and healthy. But often, under New Jersey law, that choice has limited, if not eliminated, their legal remedies.
In the employment discrimination context, "constructive discharge" is when an employer knowingly permits conditions of employment so intolerable...Read More
I am learning more and more that my mother was right about a lot of things but particularly about timing. A superb golfer in her day (she was a single digit handicap at her peak) she taught me that properly timing the start of the downswing was critical to both accuracy and distance. And in love, she always told me that timing was critical when it came to marriage, i.e, whether my future wife and I would be "ready" when we first meet. She was absolutely right!
Timing is also critical in proving an employer's illegal motive for firing, demotions, punitive transfers, etc.. For example, when an employee reports, objects to or...Read More
This past Sunday, as I watched the Dallas Cowboys gain momentum and come back against the Detroit Lions, I was more than distracted by what I recently learned about how the NFL teams treat their cheerleaders. These women cheer for their team during games, practice for hours in the days leading up to games, attend public appearances, and maintain their bodies in incredible, physical shape. However, despite their significant value to the team they cheer for, the amount they are paid for their talent is often pathetic, bordering on abusive.
In September 2014, the Raiderette’s settled their lawsuit against the Oakland Raiders for...Read More
With the upcoming New Year, it is time for resolutions that we all hopefully will keep. For employees, please adopt this resolution: I will never email, text or post on my social media page content that I know could be offensive, violate someone's privacy or just be plain mean. Failure to follow this simple rule just got a long time New Jersey municpal employee suspended without pay and possibly losing his job for distributing racist emails. So to avoid coming to spend legal fees on a law firm like ours, all you employees out there adopt and follow this simple New Year's resolution.
Happy New Year everyone!
Since Hanukkah is coming to an end, Christmas is just about here, and Kwanza is just around the corner, I thought this would be the perfect time to tell you all a bit about your rights as religious observers in the workplace.
The most important thing to know is that under the New Jersey Law Against Discrimination, employers are required to prevent and/or cure harassment and are prohibited from discriminating against employees on the basis of their religion. This means that, in addition to other terms or conditions of your employment, getting a job, keeping a job, or getting a raise, a promotion, or benefits cannot be conditioned...Read More
Facebook and social media sites like it has changed our world in many different ways. On the positive side, we can communicate and keep up with more people that we have met and befriended in our lives no matter where they live, reach out to people from our past that was not possible before and otherwise become and stay more connected in this increasingly complex world that we live in. But there is a downside to this ability to connect and these negatives can be devastating for employees. We have observed more and more instances where employees have said things about their employers, their bosses and/or co-workers that not only could...Read More
Every employee sees and hears things around the workplace. It’s hard not to. Sometimes employees see, hear, or are asked to be involved in something they don’t feel comfortable doing because they believe it is wrong or illegal. Understandably, many of these employees are afraid of the potential repercussions of reporting or protesting what they’ve seen, heard, or been asked to do. But before you decide to follow the three monkeys and “see no evil, hear no evil, speak no evil,” it is important to know how and when you are protected for speaking out against wrongful conduct in the workplace.
Under New Jersey law, someone who reports...Read More
Last month, I wrote about the IT industry's problem with its treatment of female and/or older employees. The obstacles that these employees face have been documented in the media and through our own firm's cases. But, do these anecdotal episodes mean that IT employers are engaging in illegal discrimination? The answer is not a clear cut one but depends on the circumstances.
While IT work environments may not be as congenial or friendly to female and/or older employees, that does not necessarily prove illegal discrimination. But as my colleague Glen Savits alluded to in an earlier post, it may be relevant circumstantial evidence...Read More
Many potential clients come into our office to pursue their claims of discrimination with stacks of documents to show us that they think support their claims. Some of the 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 too 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....Read More