Carmagnola & Ritardi, LLCCarmagnola & Ritardi, LLC2026-08-05T07:19:34Zhttps://www.cr-law.net/feed/atom/WordPressOn Behalf of Carmagnola & Ritardi, LLC<![CDATA[What if you need to fire a pregnant employee?]]>https://www.cr-law.net/?p=476212023-10-06T16:59:42Z2021-07-23T13:36:43ZAs an employer, you’re well aware that pregnant employees have some protections. You can’t fire someone when you find out that they’re pregnant, or it’s a violation of their rights. They have a right to consider the type of family life they want to have without worrying that it will cost them their career.
But what if you really do need to fire them for a reason that's wholly unrelated to their pregnancy? Maybe they’re not good at their job. Maybe they’re always late for work and often they just don’t show up. Maybe they’re so incompetent that they’re costing the company money. If this was any other employee, you’d send them home and never think about it again. But are you unable to do that if your employee is pregnant?
You can legally fire pregnant employees
You may need to tread a bit carefully, but remember that you can fire pregnant employees. This is not illegal. What you cannot do is fire someone because they have gotten pregnant. If that's the reason for their termination, that violates their rights. If you’re firing them for another reason and they just so happen to be pregnant at the time, that’s not an issue. The key to protecting yourself often lies in documentation. You have to be aware that the employee may claim you violated their rights and fired them because of the pregnancy. You may then need to show that you actually had other valid reasons and the pregnancy had nothing to do with the decision. Disciplinary records, attendance sheets, performance reviews and performance improvement plans can all help back up your assertions.This can be a very complex case, but don’t assume you’re stuck with the employee when you want to let them go. Just know where you stand, legally speaking, and what steps to take to best protect your company and your reputation.]]>On Behalf of Carmagnola & Ritardi, LLC<![CDATA[What are the downsides of giving an employee a contract?]]>https://www.cr-law.net/?p=476202021-07-09T21:21:53Z2021-07-09T21:21:53Zbound by the contract. If you breach it, you may face a lawsuit, even if you would not ordinarily be considered to have violated the worker’s rights.
For instance, the contract may state that a worker can only be fired for cause -- i.e., there has to be a good reason for the firing. If you simply decide that you no longer want to continue working with them, you can’t terminate them as long as they’re doing their job properly and upholding their part of the contract.
With any other worker, you don’t need a reason to fire them. You can fire them for any reason or no reason or because it is best for the company as long as you are not discriminating against protected classes. An employment contract makes termination far more complex. Companies must therefore be very careful when terminating someone’s position.
Are you already facing such a lawsuit?
If your company is already being sued by a former employee, or if you expect that you will be, you need to know what legal options you have.]]>On Behalf of Carmagnola & Ritardi, LLC<![CDATA[Should your company have a no-dating policy?]]>https://www.cr-law.net/?p=475982021-06-30T19:34:35Z2021-06-30T19:34:35ZOffice romances may make for good TV shows, but is that really something that you want happening at your company? Many business owners have decided that they do not, and they put no-dating policies in place so that coworkers have to keep their relationships professional.
Naturally, though, some workers may resent this type of restriction. Is it wise to have a policy like this or do you not need to worry about it?
Why a policy like this makes sense
No matter how employees feel about it, a no-dating policy can be good for the company. For one thing, it may increase productivity if workers are only focused on their jobs. It can also reduce office drama and make it so that a spurned employee doesn’t feel the need to move on to a new job somewhere else. The biggest reason to have this policy, though, is that it can help prevent instances of sexual harassment and related issues. When these things do happen, there will be less room for dispute -- with one employee claiming the two were a couple, for instance, while the other denies it. Plus, you do not want to have employees dating their supervisors or others that they report to on the job. Allowing that opens the door for a lot of legal issues, such as supervisors showing favoritism or pressuring employees into relationships in order to keep their jobs.
What if you do run into issues?
No matter what your policies are, there’s a chance that you could run into some legal issues between your employees. If your company is facing a lawsuit, you must know what options you have to protect the reputation of your brand and your future.]]>On Behalf of Carmagnola & Ritardi, LLC<![CDATA[Employers, take note: You can’t sideline an employee’s disability accommodation request]]>https://www.cr-law.net/?p=475952021-06-16T17:57:59Z2021-06-16T17:57:59ZRichter v. Oakland Board of Education, is notable because it reaffirms the idea that an employer’s failure to at least entertain reasonable accommodation requests can violate the New Jersey Law Against Discrimination (LAD) -- even when no adverse action is taken against the disabled employee.
What led to this decision?
The plaintiff in this case, a teacher, suffers from Type I diabetes. She asked, repeatedly and in writing, to move her lunch time so that she could better manage her condition and was ignored. She subsequently fainted while teaching due to hypoglycemia and suffered serious, permanent injuries.
Although she obtained workers’ compensation, she also sued under the LAD. Her case was initially dismissed based on the idea that the school hadn’t taken any adverse action against her that would constitute discrimination. In addition, the school sought to bar her case on the basis that workers’ compensation was her only remedy for the workplace injuries.
The appellate court disagreed on both counts
Where the workers’ comp claim was concerned, an exception in the law allows an injured employee to sue when they suffered an “intentional wrong.” The court felt that a jury could see the school board could be considered consciously aware that the teacher could experience hypoglycemia as a result of her meal schedule.
The court also stated that the circumstances of the case “cry out for a remedy” under the LAD, and that adverse employment action isn’t required to prove her claim. In essence, the school’s failure to engage in the process of determining whether it could make reasonable accommodations for the teacher’s disability is enough to trigger an LAD violation.
Protecting your company’s future is a big job, and employment litigation can damage your reputation and your bottom line. Working with experienced advocates can help you avoid major problems in the future.]]>On Behalf of Carmagnola & Ritardi, LLC<![CDATA[Why you shouldn’t advertise that you’re seeking recent graduates ]]>https://www.cr-law.net/?p=475922021-06-02T18:34:28Z2021-06-02T18:34:28ZWhen you decide that it’s time to hire a new employee, you may decide that it would help to have someone who recently graduated from college. Say you have a tech company or at least need to hire someone for a tech position. You assume that recent graduates were just trained on the newest tech and are the most up-to-date.
If you advertise for the position and say that you want to hire recent college graduates, though, you could face some backlash. Why is this a problem when you’re just trying to be honest about the type of employee you’d like to hire?
Discriminating against older workers
The trouble is that some workers seek wording like this to be discriminatory. Generally speaking, “recent grads” are going to be in their early to mid-20s. You could be discriminating against those who are over 40 years of age, which is illegal, by making them feel like they can’t apply for the job. They see your use of the term “recent graduates” as a way to disguise age discrimination. Now, you may not have intended to do this, but words carry a lot of weight. They have power behind the intended scope. An older employee with all of the right skills and experience may feel that they were never given a fair shot to prove what they could do since they graduated from college a decade or more prior to the other applicants.
What if you face these allegations?
It’s clearly wise to consider your wording in advance. If a misunderstanding leads to serious allegations, though, be sure you are aware of the legal options you have. Defending your company's interests is an ongoing process, and it pays to be proactive. An attorney can often be an invaluable resource for your team. ]]>On Behalf of Carmagnola & Ritardi, LLC<![CDATA[What should you do if an employee claims a manager harassed them? ]]>https://www.cr-law.net/?p=475882021-05-19T15:38:11Z2021-05-19T15:38:11ZAs an employer, it can come as a shock when an employee accuses one of your senior staff members of harassment. Your instant reaction may be to defend the manager, especially if they are someone you have known and trusted for years.
However, it is crucial to remember that while false claims can happen, you may not really know your managers as well as you think.
How you handle a workplace harassment claim is crucial
It takes courage to come forward with a harassment complaint. Employees often fear they may lose their jobs if they do so or face some other form of retaliation. You need to handle the claim with sensitivity and integrity. If you get it wrong, you could create more problems for your business. Here are some tips:
Avoid dismissing the claim: An employee who feels you are not listening is more likely to take their complaint further. You must also avoid assuming the accused is guilty.
Investigate the claim: Take time to carry out a thorough investigation of the complaint but do not delay in starting. People could see dragging your feet as not caring.
Record your actions: Noting down the steps you take protects your company from claims that you did not take the complaint seriously. It can also help if there are similar accusations in the future.
Check your employee handbook: Ensure your manual outlines your stance on discrimination and how to report it. If you end up in court, weaknesses in the manual could leave your company vulnerable.
Correctly handling harassment complaints can be challenging. Seek legal help to ensure you act according to the relevant employment laws. These are sensitive matters, and errors could land you in legal trouble that could affect the future of your business. ]]>On Behalf of Carmagnola & Ritardi, LLC<![CDATA[Do I have to pay remote workers overtime?]]>https://www.cr-law.net/?p=475842021-05-05T16:23:27Z2021-05-05T16:23:27ZNew Jersey’s 51.1%. By contrast, only 9.6% of Mississippi workers were doing the same.
Many workers have enjoyed the benefits of not having to commute to the office every day. However, some feel they have ended up working more hours than usual.
Working remote does not remove entitlement to overtime
New Jersey law gives most employees the right to one-and-a-half times their usual pay rate for any hours they work above 40 hours in a week. It still applies if they are working from home.
Specific categories of employees are not entitled to overtime, regardless of whether they are in the office or remote. These can include those employed in outside sales staff, administration or as executives.
Track timekeeping to reduce the chance of false overtime claims
There are many systems and apps available which allow you to track when workers are working. If you have not already set these up, consider doing so. Working from home can come with significant distractions. A worker may think they are working more than they are because their computer is on. Yet, when they deduce the time for interruptions by children, knocks at the door and other frequent distractions, it may be less than they think.
If you do not want your employees working longer than their regular hours, make sure they are aware, because you might still need to pay them if they do. Technology and keeping to a typical office day for the whole company can reduce the chance you need to pay unexpected overtime.
If an employee claims overtime you disagree with, seek legal advice. If you fail to understand how labor laws apply to a particular case, it could end up costing you more than if you had agreed to pay it.]]>On Behalf of Carmagnola & Ritardi, LLC<![CDATA[What all New Jersey employers need to know about the state’s Whistleblower Act]]>https://www.cr-law.net/?p=475812021-04-21T15:40:14Z2021-04-21T15:40:14ZThe federal government has its whistleblowing statutes that protect workers from retaliation when they report impropriety in their workplace. Like almost every state, New Jersey also has laws on the issue. In this state, the Conscientious Employee Protection Act, known more informally as its "Whistleblower Act," is designed to protect these employees.
There are specific steps that the New Jersey Department of Labor & Workforce Development notes that employers should take to avoid exposing themselves to legal liability.
How do employers end up crossing the line on retaliation?
Employers need to be conscious of the situations that can -- ultimately -- lead to accusations of retaliation by an employee. According to New Jersey labor officials, retaliation is most likely to occur after:
Instances in which an employee threatens or actually discloses practices or policies that the worker deems as unlawful (whether carried out by an employer or colleague)
A worker's compliance with or testifying before an investigative body regarding their employer or colleagues' illegal actions
Upon disclosure of information about employer deception to customers, investors, shareholders, employees or government bodies
Instances in which employees refuse to engage in unethical, fraudulent or criminal activity
New Jersey law does describe how employees must give written notice to their supervisor of any impropriety so that they can correct an issue before waging any retaliation claims. This isn't a requirement if one or more supervisors already know about the issue, it's an emergency matter, or an employee fears physical harm, however.
When employers are confronted with any of these situations, they need to proceed carefully.
What to do when you're facing a complex situation with an employee
You should take any whistleblowing and retaliation allegations seriously. Your company's reputation and financial wellbeing are on the line in such instances, after all. An experienced business litigation attorney with experience in representing employers in whistleblower claims. An early consultation with an attorney is smart.]]>On Behalf of Carmagnola & Ritardi, LLC<![CDATA[How can your company avoid allegations of sex-based wage issues?]]>https://www.cr-law.net/?p=475752021-04-07T15:37:35Z2021-04-07T15:37:35ZPerform a thorough wage audit looking at protected characteristics
The only real way to avoid wage discrimination allegations is to be proactive. Even if your company has always had an internal policy of being an equal opportunity employer and not discriminating in the wages it offers, a review of company finances may show that your company does not practice what it preaches.
Deep-set biases by people working in management or human resources often lead to women starting out at lower wages or having a harder time seeking a pay raise than men with similar qualifications. Looking at the pay across all of your workforce and breaking it down via category of protected characteristic can help you.
Compare what women and men make. Look at workers of different races and different ages. If you see any notable trends where certain groups make more for no specific reason, and you probably need to adjust what some of your workers make.
Taking steps now to make sure that you pay your workers appropriately will help protect your company against claims of discrimination or legal action in the future that could cost far more than raises to some likely deserving workers.]]>On Behalf of Carmagnola & Ritardi, LLC<![CDATA[Do you have to grant requested FMLA leave to your employees?]]>https://www.cr-law.net/?p=475702021-03-24T01:56:36Z2021-03-24T01:56:36ZBoth your company and the employee have to meet certain criteria
The Family and Medical Leave Act (FMLA) only applies to certain employees and certain businesses. Your company will typically need to have at least 50 employees. The employee in question will also need to have work for a year for your company and put in a minimum number of hours. If your situation needs both of those criteria, then a employee may have the right to request leave in certain, approved scenarios.
When does an employee have the right to ask for unpaid leave?
The goal of the FMLA is to give employees an opportunity to take time off to heal when medically necessary and to allow them to provide support for their family members. The situations in which a worker can take unpaid leave include adding a child to their family through birth, foster placement or adoption.
They may also need time off for their own medical care. Finally, employees can take time off to care for a spouse, child or parent who has a serious medical condition. Most employees can receive up to 12 weeks of unpaid leave. However, for those supporting a family member who is an active military member, the total leave increases to as much as 26 weeks.
Knowing if an employee qualifies for FMLA can help you avoid making employment decisions that could mean noncompliance and financial or legal consequences for your company.]]>