The firm represents
individual employees and employers in cases involving The New Jersey Law Against Discrimination (LAD), Family and Medical
Leave Act (FMLA), New Jersey Family Leave Act (NJFLA), Sexual harassment, Hostile work environment, Wrongful termination,
Non-compete agreements, Retaliation (CEPA), Employment Contracts, Severance packages and Unemployment Compensation hearings.
Unemployment Compensation: Unemployment
insurance provides workers, whose jobs have been terminated, monetary payments for a given period of time or until they find
a new job. Below are some issues our office deals with in representing clients at Unemployment hearings and appeals.
· Simple misconduct =(formerly “misconduct”)
is defined as an act of wanton or willful disregard for the employer’s interest, or negligence as to manifest culpability,
that does not rise to the level of severe or gross misconduct. This standard would appear to include insubordination, or lateness or absences without written warnings. If the Department of Labor determines the employee’s conduct
rose to this level then the employee is disqualified from unemployment benefits for the first eight weeks.(formerly six weeks
under old law)
· Severe misconduct= standard
expressly covers the following behaviors: excessive use of drugs/alcohol on work premises; repeated violations of a company
rule; repeated lateness or absences after receiving a written warning; falsification of records; physical assaults or threats
that do not constitute gross misconduct; Destruction/theft of company property; Misuse of sick time, benefits or abuse of
leave; and/or Behavior that is malicious and deliberate but not considered gross misconduct. If
the Department of Labor determines an employee's conduct rose to the level of severe misconduct, the individual is not
entitled to any unemployment benefits.
· Gross Misconduct = is defined as criminal conduct of the first, second, third
or fourth degree under the New Jersey code of criminal Justice. If the Department of Labor determines
the employee’s conduct rose to this level then the employee is not entitled to any unemployment benefits.
· Voluntarily Quit = If the department of Labor determines the employee voluntarily left work without good cause attributable
to work then the employee is disqualified from unemployment benefits.
Family and Medical Leave
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected
leave to eligible employees for the following reasons:
For incapacity due to pregnancy, prenatal medical care or child birth;
• To care for the employee’s
child after birth, or placement for adoption or foster care;
• To care for the employee’s spouse, son
or daughter, or parent, who has a serious health condition; or
• For a serious health condition that makes
the employee unable to perform the employee’s job.
eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and
if at least 50 employees are employed by the employer within 75 miles.
During FMLA leave, the employer must maintain the employee’s health coverage under any “group
health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees
must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.