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General Search Results:

• 03.08.2022

  NJ Appellate Division Upholds Requests, Not Commands, By Employers to Maintain Confidentiality in Employment Investigations
  On February 28, 2022, the New Jersey Appellate Division ruled that a request for confidentiality by an investigator in connection with a discrimination or harassment investigation is valid and does not violate an employee’s right of free speech or the New Jersey Law Against Discrimination (NJLAD). In Usachenok v. State of New Jersey Department of the Treasury, et al., the Appellate Division denied an attempt made by a former employee to invalidate a regulation by the State's Civil Service Commission requesting confidentiality in connection with a harassment investigation.

• 01.18.2022

  Whose Burden is it Anyway? NJ Appellate Division Holds Employee Fails to Meet the Burden of Persuasion of Showing Discriminatory Intent
  Despite surviving summary judgment, securing a favorable verdict at the second trial, and being awarded counsel fees, Plaintiff’s gender discrimination case was abruptly dismissed by the Appellate Division. On January 3, 2022, the three-judge panel held that an employee in a discrimination case bears the burden of persuasion at all stages. This employee’s argument fell short of that burden, and her case was, therefore, dismissed.

• 05.24.2021

  NJ Appellate Narrows the Road in Auto Dealership’s Sexual Harassment Case
  On May 18, 2021, in McBride v. Atlantic Chrysler Jeep, the New Jersey Appellate Division revived a Sales Consultant’s hostile work environment case against a car dealership after the Law Division previously dismissed it in the dealership’s favor. The employee claimed that she was terminated for rejecting her supervisor’s sexual advances and alleged the dealership was vicariously liable for the supervisor’s conduct. The trial court granted the dealership’s motion for summary judgment. On appeal, the Appellate Division overturned the trial court’s decision and sent the case back to the Law Division to proceed to trial.

• 01.22.2021

  2020: The Year of the Mole? New Jersey Appellate Division Grants Employee A Second Chance to Pursue Whistleblower Claim
  In the final throws of 2020, a former Rutgers employee was granted a second chance to pursue her whistleblower claim. On December 29, 2020, the Superior Court of New Jersey, Appellate Division, in Debra Herbe v. Rutgers University, reversed a Superior Court’s grant of summary judgment for Rutgers University in a lawsuit brought by a former employee who alleged that the University fired her in retaliation for lodging a complaint against her supervisor. In the new year, the former employee will get another chance to pursue her claim against the University.

• 12.10.2020

  How Pangaea Will Shape New Jersey’s Cannabis Marketplace
  According to the Appellate Division’s published opinion In re the Application for Medicinal Marijuana Alternative Treatment Ctr. for Pangaea Health and Wellness, LLC. et al. ___ N.J. Super. ____ (App. Div. 2020) the Department of Health (“the Department”) has some explaining to do about its Alternative Treatment Center licensing process.

• 12.07.2020

  A Forklift Operator Walks into a Bar
  On August 7, 2020, the New Jersey Appellate Division upheld the trial court’s dismissal of a negligence action filed by a leased warehouse worker against his employer for injuries sustained while on duty.

• 04.29.2020

  When an Employee Refuses to “Play Ball”
  On April 14, 2020, in a published decision, the New Jersey Appellate Division in Rios v. Meadowlands Hospital Medical Center, held that a plaintiff who alleged he was retaliated against by his employer in connection with the defense of a co-worker’s lawsuit does not have to first demonstrate that his co-worker had a good faith basis for bringing her suit as a prerequisite to his retaliation claim.

• 02.27.2020

  A Measure of Control: Appellate Division Rules “Member-Owned Cooperative” Not Liable for Age Discrimination Claim of One Member’s Employee
  A supermarket cooperative is not considered the employer of individuals who work for its member stores and cannot be found liable for the age discrimination claims of an employee of one of its members, the Appellate Division ruled last month in Dorrity v. Wakefern Food Corporation.

• 02.26.2020

  Appellate Division Permits Public Records Access to Police Use of Force Reports Involving Juveniles
  On February 19, 2020, the New Jersey Appellate Division issued a decision Digital First Media v. Ewing Township permitting a newspaper access under New Jersey’s Open Public Records Act (OPRA) to Use of Force Reports (UFR) involving a juvenile, provided the juvenile’s name is redacted.

• 06.12.2019

  “Borgata Babes” May Challenge the Hotel’s Personal Appearance Standards in Court

• 05.16.2019

  Appellate Division Holds Former Employee Should Have the Opportunity to Show Her Employer’s Reason for Firing Her was Mere Pretext

• 05.06.2019

  NJ Appellate Court Rules that Obesity Alone is not a Disability Under the NJLAD

• 07.28.2016

  Client Alert - Appellate Division Limits Municipal Affordable Housing Obligation