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Category Archives: Retaliation

December 8, 2017

NJ Seeks to Limit Arbitration of Employment-Based Claims

S-3851, which was introduced on December 4 by Senator Loretta Weinberg (D-Bergen), would bar provisions in employment contracts that waive any substantive or procedural right or remedy relating to a claim of discrimination, retaliation or harassment.  The bill prohibits the waiver of any right or remedy under the NJ Law Against Discrimination or any other statute or  Read More arrow

August 17, 2016

NJ Supreme Court ruled that a collective bargaining agreement cannot trump a CEPA claim

2016 N.J. LEXIS 855, * In PUGLIA v. ELK PIPELINE, INC., A-38 September Term 2014, 075171 2016 N.J. LEXIS 855 (August 16, 2016), the plaintiff complained of a reduction in his wages and that of co-workers. The dispute was resolved but shortly thereafter, he was laid-off. He filed a complaint alleging, inter alia, a violation  Read More arrow

June 16, 2015

U.S District Court Echoes N.J. Supreme Court on Analysis of whether a Plaintiff is an “Employee.”

In, Covington v. Hamilton Twp. Bd. of Educ., 2015 U.S. Dist. LEXIS 76864, 34-35 (D.N.J. June 15, 2015)   the U.S. District Court mirrored the N.J. Supreme Court in assessing the factors that should be examined in determining if a plaintiff is an “employee” for Title VII purposes. The twelve factors identified are designed to elicit  Read More arrow

February 4, 2014

New Jersey Federal District Court Dismisses FMLA Claim Despite Some Evidence of Retaliation

A New Jersey Federal district court recently dismissed a plaintiff’s FMLA retaliation claim, even where there was some evidence that the employer had violated the Act. Lopez v Verizon, (D.N.J. 2014).  In Lopez, the plaintiff was employed by Verizon.  He violated the company code of conduct and had multiple outbursts at work.  There was no  Read More arrow