Article originally posted on: Jackson Lewis LP A New Jersey appeals court has denied unemployment benefits to 1,100 former managers based on their acceptance of a voluntary severance package. Black-Melone, et al. v. Board of Review, et al., A-0395-06T3 (N.J. Super. Ct. App. Div. June 5, 2009). Affirming a judgment in favor of the former employer, the Court found that the plaintiffs were disqualified from receiving benefits because they “left work voluntarily without good cause attributable to the work.” In September 2003, after the company determined that approximately 18,000 employees nationwide were eligible for retirement, it offered its employees a  [ Read More ]

By Chuck Bartels The Associated Press LITTLE ROCK, Ark. — An Arkansas judge on Wednesday fined Johnson & Johnson and a subsidiary more than $1.1 billion after a jury found that the companies downplayed and hid risks associated with taking the antipsychotic drug Risperdal. Circuit Judge Tim Fox determined that Johnson & Johnson and its subsidiary, Janssen Pharmaceuticals, committed nearly 240,000 violations of the state’s Medicaid fraud law — or one for each Risperdal prescription issued to state Medicaid patients over a 3½-year period. Each violation carried a $5,000 fine, the state’s mandatory minimum amount, bringing the total to more  [ Read More ]

by Unfair Competition & Trade Secrets Counsel on March 30, 2012 By Jedd Mendelson and I. Michael Kessel A New Jersey district court recently held that an employee handbook provision could not be enforced as a valid confidentiality agreement between a company and a former employee. Metropolitan Foods, Inc. d/b/a Driscoll Foods v. Kelsch [pdf] involved a former employee of Driscoll Foods (Kelsch), who was accused of soliciting orders for his new employer while still working for Driscoll. Driscoll sued Kelsch under a number of causes of action, including breach of contract. This claim was based upon a provision in  [ Read More ]

Why Congress and the States Should Prohibit This Practice Have you ever gone to a job interview and had a prospective employer ask to see letters you’ve written to friends or family members, or your family photo albums? Have prospective employers asked for the key to your apartment so that they can snoop around? The answer to these questions should, of course, be “No.” Yet, as the Associated Press reported last week, employers—both public and private—are increasingly asking job applicants to do the equivalent, by turning over their Facebook user IDs and passwords as part of the interview process. This  [ Read More ]

Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. There is also a growing body of law preventing or occasionally justifying employment discrimination based on sexual orientation. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment. The main body of employment discrimination laws is composed of federal and state statutes. The United States Constitution and some state constitutions provide additional protection where the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the  [ Read More ]

Employment Contracts A contract of employment is a category of contract used in labor law to attribute right and responsibilities between parties to a bargain. On the one end stands an “employee” who is “employed” by an “employer”. It has arisen out of the old master-servant law, used before the 20th century. Put generally, the contract of employment denotes a relationship of economic dependence and social subordination. In the words of the influential labor lawyer Sir Otto Kahn-Freund, “the relation between an employer and an isolated employee or worker is typically a relation between a bearer of power and one  [ Read More ]

Unemployment Benefits — Protest — Disqualification Call on us for help If you are encountering any of these or other workplace issues, it is best that you contact an attorney for guidance. We will be pleased to meet with you to discuss your concerns. Contact us for an initial consultation. At that time, we will be able to determine whether we believe we can help you and you will have the chance to decide whether you wish to invite us to do so. Call (732) 536-6161 to contact our NJ employment law firm for skilled representation from a powerful NJ  [ Read More ]

Sexual harassment occurs when a person is subject to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature to such an extent that it alters the conditions of the person’s employment and creates an abusive working environment. Sexual harassment may include touching, feeling, groping and/or repeated unpleasant, degrading and/or sexist remarks directed toward an employee, implying that employment status, promotion or favorable treatment depends upon the employee’s assent. Pornography displayed in the workplace or emailed to coworkers may also constitute sexual harassment. What exactly constitutes such an environment is determined on a  [ Read More ]

We fight against Workplace Discrimination The Law Office of Stephan T. Mashel is here to protect your rights if you are facing discrimination or unjust retaliation because of your race, sex, age, pregnancy, national origin, ethnicity, religion, disability, or sexual preference. Our NJ employment law firm represents clients who have been Sexually harassed Wrongfully discharged Forced to endure a hostile work environment Treated differently than others doing comparable work Fired or penalized because of whistle-blowing activities Fired or penalized for pursuing workers compensation benefits Denied the rights guaranteed by the Family and Medical Leave Act