The New Jersey Employment Law Firm Blog

September 26, 2012

Sexual Harassment at New York’s Columbia University Led to Victim’s Firing, Employment Lawsuit Claims

A former Ph.D student and staff associate at Columbia University filed a lawsuit claiming the school mishandled his complaint of sexual harassment by the student’s lab supervisor, and then wrongfully terminated the victim.

Unfortunately, firing a victim is not an uncommon result when an employee alleges a violation of workplace rights. New York City employment attorneys also know that sexual harassment is common in the university environment and may involve professors, staff or students.The plaintiff arrived from Chile last March to pursue his Ph.D. while working at the University. But, over the course of about three months, he contends he was sexually harassed by his supervisor, ignored by a university human resources officer, and ultimately fired from his dream job.

Typically, a supervisor-employee relationship is exploited in cases of sexual harassment. The university setting, as well as internship positions, can be ripe for such abuse because students want to please superiors and to excel. In this case the 25-year-old victim, who worked at the University while pursuing his Ph.D., contends in his lawsuit that he suffered retaliation after he complained of being sexually harassed by his supervisor, a professor of medicine, nephrology and hypertension at the Columbia University Medical Center.

According to the lawsuit, the victim had been at the university just a few days when he received a cell phone solicitation about dating older gay or bisexual men. The complaint charges that the supervisor sent the plaintiff messages via a social network, with the supervisor’s picture attached, asking the plaintiff “if he would like to date an older man.” After rejecting his supervisor’s online sexual advance, the lawsuit maintains, the plaintiff’s supervisor allegedly “came out of his office, approached Plaintiff….and screamed at him, ‘You are out!'”

The victim reported the harassment to another supervisor, who allegedly promised to talk with Columbia’s Chair of the Department of Medicine, and directed the plaintiff to human resources, according to the lawsuit. The victim contends that the university’s human resources representative offered to help file a formal complaint with Columbia’s Office of Equal Opportunity and Affirmative Action, which is charged with investigating allegations of harassment or discrimination against university faculty and staff. He said the supervisor later apologized for the ongoing behavior, gave him an expensive computer, and allegedly told him to “pretend that nothing happened.”

In June, the lawsuit maintains, the Ph.D student was subsequently fired without notice or explanation, according to the allegations contained in the lawsuit. The university has declined to comment, citing the pending litigation.

These cases are often a victim’s word against a superior’s. Any evidence or documentation of such behavior can go a long way toward proving a victim’s claim. In this case, the Columbia Spectator (the university’s student newspaper) reports that it reviewed detailed evidence gathered by the victim, including e-mails and text messages.

A law firm experienced in workplace harassment litigation will also review an employer or university’s track record of past allegations and its response to employment discrimination and workplace harassment complaints.

While still relatively rare, an increasing number of cases involving male-on-male sexual harassment are being reported. In fact, more than 16 percent of sexual harassment cases were filed by men in 2011, compared to 11.6 percent in 1997, according to the Equal Employment Opportunity Commission.

Both state and federal employment laws prohibit an employer from retaliating against an employee for making a complaint. In 2007, the New Jersey Supreme Court decided in Carmona v. Resorts International Hotel, Inc. that in order to be protected under the law a victim must have an underlying complaint of discrimination that is reasonable and made in good faith.

In this case, the victim will apparently be forced to return to Chile because of a lack of funds because Columbia terminated his employment after he complainted about being sexually harassed. In general, it is a good idea for those who believe they are being harassed or discriminated against at work to seek the advice of an experienced employment law firm in New York or New Jersey at the earliest stages of such cases. Very frequently the culture in institutions where this behavior is allowed to thrive is such that significant legal protection — either before or after lodging a complaint — is not likely without the help of an experienced law firm.
Continue reading

July 24, 2012

New Jersey Public School District Pays to Settle Disability Discrimination and Retaliation Claims

by Resnick Law Group, P.C.

The New Jersey Division on Civil Rights (“DCR”) recently announced that a Bergen County school district has agreed to pay $90,000 to settle claims that it failed to reasonably accommodate a former employee’s disability and then retaliated against her for her complaint of disability discrimination.

Maria Osnowitz was a teacher’s aide for the West New York Board of Education. She suffers from knee injuries that impair her mobility. For the most part, she utilizes a motorized wheelchair or scooter to get around. When walking is necessary, she utilizes two canes.

In her first DCR Complaint, Ms. Osnowitz alleged that West New York Board of Education failed to reasonably accommodate her disability. Specifically, she alleged that, because of her disability, she requested to park her car in a covered parking area close to the entrance of the school where she worked, but that the school principal refused to allow her to do so. In addition, she alleged that the school repeatedly held meetings — and required her attendance — at locations that were not wheelchair-accessible. She further alleged that she requested that the meeting locations be changed, but that the school refused to do so.
Continue reading

July 16, 2012

Your New Jersey Employer Is Bankrupt, But Still Owes You Wages

by Resnick Law Group, P.C.

Last month, the Superior Court of New Jersey, Appellate Division, reaffirmed that individual corporate officers are personally liable to employees for unpaid wages. So, if you are owed wages, and your employer files for bankruptcy (or otherwise fails to pay your salary for whatever reason), consider hiring an experienced NJ employment lawyer to sue the individuals who manage the company — and who may drive to and from work in fancy cars and wear fancy suits and watches — while your hard-earned wages remain unpaid. Yes, the “suits” could very well be made to break out their personal checkbooks to pay your wages or to settle wage and hour claims.

The recent New Jersey case, Teleki v. Talk Marketing Enterprises, Inc., involved a claim made by an employee, Margot Teleki, who, under the terms of an Employment Contract, was to be paid a salary of $4,166.67 twice per month, for a period of ten years. When the company encountered money problems, it unilaterally reduced Ms. Teleki’s salary, and later stopped paying her entirely (well before the ten years was up). Ultimately, the company filed for bankruptcy protection.
Continue reading

July 9, 2012

Too Sexy for this Job?… Gender Discrimination in the Workplace

by Resnick Law Group, P.C.

As New York employment lawyers, we know first-hand that employment discrimination comes in many shapes and sizes. But, is the hourglass one of them?

That question has recently been raised by Lauren Odes, a woman who filed a complaint with the Equal Employment Opportunity Commission (EEOC) charging gender discrimination and religious discrimination against her employer, Native Intimates, in New York. Native Intimates is a lingerie wholesaler that allegedly fired Lauren Odes because she was “just too hot for this office.”
Continue reading

June 1, 2012

Bullying and The New Jersey Healthy Workplace Bill: Beyond Harassment and Hostile Work Environment

by Resnick Law Group, P.C.

From the classroom to the break room, bullying is a term that has become ubiquitous over the past several years, and the need for legislation to protect employees from this particular type of behavior has become all the more evident. While current employment laws provide employees protection from discrimination, sexual harassment, other harassment, and a hostile work environment, there is no law that protects employees against the abuses that result from bullying. In order to address this gap in the employment law, the New Jersey Healthy Workplace Bill was submitted to the Senate Labor Committee earlier this year. The Bill goes a step further than the current employment discrimination laws by providing redress to employees who are the victims of abusive conduct, regardless of age, disability, gender, race, religion, sexual orientation, national origin, or any other protected class for that matter.

https://www.youtube.com/watch?v=x92tBd9jkvo

April 5, 2012

A Resnick Law Group Victory: Last Minute Arbitration Will Not Be Upheld in New Jersey

by Resnick Law Group, P.C.

On March 29, 2012, the Appellate Division held, in Cole v. Jersey City Medical Center, et al., A-4914-09T1 (N.J. App. Div. Mar. 29, 2012), that an employer, Liberty Anesthesia Associates, LLC (“Liberty”), was equitably estopped from enforcing an arbitration clause contained in an employment contract. Because Liberty actively participated in the litigation — and opted to wait until three days before trial to first invoke the arbitration clause — the Court reasoned that Liberty had “voluntarily and intentionally decided to relinquish its right to arbitration as a forum to adjudicate plaintiff’s claims as a matter of litigation strategy.” Plaintiff, who is represented by New Jersey employment lawyers at the Resnick Law Group, will indeed have her day in court on her claims that the wrongful termination of her employment as a nurse anesthetist violated the Conscientious Employee Protection Act (“CEPA”) and the New Jersey Law Against Discrimination (“LAD”).
Continue reading

March 14, 2012

Are New Jersey Employers Allowed to Ask for Access to a Job Applicant’s Facebook Account?

by Resnick Law Group, P.C.

If you’re reading this online blog, you almost certainly have at least one personal account on Facebook, Twitter, LinkedIn, or some other social media website. Your account is undoubtedly password protected, and if it is a Facebook or Twitter account (as opposed to a LinkedIn account, which tends to be more professional), you very likely have posts, photos, or other personal information on your page that you would prefer to keep private from a prospective employer.

However, a recent and disturbing trend is developing, as employers are increasingly demanding that job applicants provide their personal social media login information as part of the job application process. Some employers alternatively request a “shoulder surfing” session, during which job applicants log on to their social media accounts and navigate their posts while a nearby interviewer observes and reviews the applicant’s posts, photos, comments, tweets, likes, friends, followers, connections, groups, etc. The issue has become so concerning that the American Civil Liberties Union (or ACLU) and some state lawmakers have become involved, advocating for the privacy rights of job applicants.

The issue at stake is whether a prospective employer’s demand for personal social media login information of a job applicant, or request for a “shoulder surfing” session, violates the job applicant’s right to privacy. New Jersey courts have not yet decided the issue, but it is clear that, when the issue does present itself in Court, New Jersey employment lawyers representing public sector applicants (those who apply to work for a government employer) will have more arguments than New Jersey employment lawyers representing private sector applicants (those who apply to work for a private sector employer).
Continue reading

December 16, 2011

New Jersey Workers’ Wages Explained, Violations Commonplace

by Resnick Law Group, P.C.

While most are familiar with the minimum wage, some people may not realize that New Jersey law provides guidelines and protection regarding the wages employees get paid, how much they make in overtime and when they may be forced to work overtime.

Lawmakers have amended the law many times to provide protections for employees and employers and set up guidelines and regulations for each to follow. The law addresses questions about minimum wage, farm labor, the employment of minors, public contracts and other areas of employment law in New Jersey.

According to the Department of Labor and Workforce Development, there are many laws on the books that mandate the minimum amount of money a person should make, when they should make overtime and how that’s paid. Other wage-related issues are also addressed.

New Jersey Employment Lawyers have, for decades, represented workers who have been shorted wages, not been paid overtime in accordance with the law and faced other unlawful actions or behaviors in the workplace. We are available to discuss your case today.Minimum Wage:

The minimum wage in New Jersey is $7.25 per hour and has been that rate since July 24, 2009. It has increased from $5.05 per hour in 1992 to the current rate. That is the minimum rate a person should be paid and they should receive time and a half the employee’s rate for working more than 40 hours in a week.

This wage isn’t applicable to part-time employees primarily engaged in the care and tending of children in the home of the employer, to people under 18 who don’t have a special vocational school graduate permit or to people who sell motor vehicles, outside salesmen and saleswomen or people who volunteer for nonprofit groups.

Fringe benefits: Many employers in New Jersey offer health benefits coverage to their employees as an incentive to attract and retain qualified employees.

The legislature has found that it is a disservice to workers not to require that an employer provide prior notification to its employees when the employee health benefits plan will be terminated, for whatever reason. The law requires 30 days’ notice if a plan will be terminated.

Mandatory overtime: New Jersey law establishes rules for health care employees, such as nurses and doctors, including that they shouldn’t be forced to work more than 40 hours per week. However, in cases of “unforeseeable emergency circumstances” when overtime is required only as a last resort, the employee can be asked to work.

Other health care employees may be asked to work “mandatory overtime” in cases when there is “chronic short staffing,” but it should be voluntary. The refusal to accept overtime work cannot be grounds for “discrimination, dismissal, discharge or any other penalty or employment decision adverse to the employee.”

However, in case of an emergency situation, when overtime is a last resort or if the employer has tried other efforts to staff, overtime may be mandatory. The employer is required to provide up to one hour to arrange for the care of minor children, or elderly or disabled family members.
Continue reading

December 5, 2011

Specified New Jersey Workers and Their Rights

by Resnick Law Group, P.C.

New Jersey Employment Lawyers have written a series of blogs that help explain how the law in New Jersey applies to the worker and the company.

New Jersey law affords many protections to workers so they aren’t subjected to workplace discrimination or retaliation, and their wage and hour rights are not violated. The law states that a person can’t face discrimination based on any of the following reasons:

race, creed, color, national origin, nationality, ancestry, age, sex, familial status, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, liability for military service and mental or physical disability, perceived disability and AIDS and HIV status

The New Jersey Department of Labor and Workforce Development lays out information about how workers can be treated and guidelines that employers must legally follow.

Employment of Minors: Child labor laws were established in the United States in the early 20th Century, but federal agencies note that hundreds of thousands of children are employed as farm workers in this country to this day.

Outside of school, on vacation or during other breaks, children between 14 and 16 are allowed to work.

For minors under 18, they aren’t allowed to work more than six straight days or for more than 40 hours in one week/eight hours in a day. They aren’t allowed to work before 7 a.m. or after 7 p.m., except in a restaurant, supermarket or other retail establishment. The law goes on to list specific examples of jobs that can require extended hours for teen workers.

Farm Labor: The Seasonal Farm Labor Act regulates how seasonal farm workers must be treated and sets up the boundaries for workers.

For instance, a farm workers can’t be fired, suspended, demoted, transferred or otherwise penalized for exercising their rights through laws in New Jersey or established by the federal government. Employers, or “crew leaders,” as defined by the law, can face fines and other penalties if they violate the law.

Drinking water, toilets and hand washing stations should be furnished in the field for workers.

Apparel Industry: The apparel industry is defined as work regarding sewing, cutting, making, assembling or producing apparel intended to be worn by a consumer and sold at retail shops.

These businesses must be registered with the state and manufacturers and contractors must keep accurate records about employees, including:

Names and addresses of each production employee and the age of every production employee who is a minor
The number of hours of work and the time of day work begins and ends for production employees
The wages, wage rates and piece rates paid during each payroll period
Contract worksheets indicating the price per unit agree between manufacturer and contractor

Those who violate the terms and conditions of the law can be subjected to fines of up to $4,000 and the company can be subjected to suspension for a period of time. It is good to know that employees throughout New Jersey have specific protections for their industry, but violations still occur. They must be explored by an experienced and aggressive New Jersey Employment Lawyer as soon as possible to protect your rights and to prevent the rights of future employees from being violated. .
Continue reading

November 7, 2011

Family and Medical Leave Act Provides Protection for New Jersey Workers, but Still Confuses Some

by Resnick Law Group, P.C.

Despite being in place for years, the Family and Medical Leave Act, commonly referred to as the FMLA, protects employees who take time off for family or medical-related problems. It ensures that employers don’t retaliate against employees for taking the time off.

New Jersey Employment Lawyers have seen workers discriminated against and punished for taking time off work, even though state and federal law allow people to take time off from work and still maintain their jobs.The federal act allows an employee to take off up to 12 weeks of job-protected, unpaid leave during any 12-month period for these reasons:

Birth and care of a child or placement for adoption or foster care
Care of an immediate family member
Care of the employee’s own health condition

Here’s a Question and Answer session about the New Jersey Family Leave Act of 1993:

Q: How is the 12-month period calculated under FMLA or NJFLA?

Employers may select one of four options for determining the 12-month period:

the calendar year;
any fixed 12-month “leave year” such as a fiscal year, a year required by State law, or a year starting on the employee’s “anniversary” date;
the 12-month period measured forward from the date any employee’s first family leave begins; or
a “rolling” 12-month period measured backward from the date an employee uses FMLA or NJFLA leave.

Q: Does workers’ compensation leave count against an employee’s family or medical leave entitlement?

It can. Family and medical leave and workers’ compensation leave can run together, provided the reason for the absence is due to a qualifying serious illness or injury and the employer properly notifies the employee in writing that the leave will be counted as family or medical leave.

Q: If an employer fails to tell employees that the leave is FMLA or NJFLA leave, can the employer count the time they have already been off against the 12 weeks of FMLA or NJFLA leave?

In most situations, the employer cannot count leave as NJFLA or FMLA leave retroactively. Remember, the employee must be notified in writing that an absence is being designated as NJFLA or FMLA leave. If the employer was not aware of the reason for the leave, leave may be designated as NJFLA or FMLA leave retroactively only while the leave is in progress or within two business days of the employee’s return to work.

Q: Which employees are eligible to take FMLA and NJFLA leave?

Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, have worked for at least 1,000 hours over the previous 12 months, and work at a location with at least 50 employees.

There are additional questions and answers on the State of New Jersey web site regarding FMLA and NJFLA. Discrimination based on aiding one’s family or one’s own health is unlawful and must be investigated.
Continue reading