Answers Posted By Natalia Shishkin
Your employer may not withhold your commission. Even if there is a dispute over the amount of wages, the employer is required to "pay, without condition and within the time set by this act, all wages, or parts thereof, conceded by him to be due." N.J.S.A. 34:11-4.8.
If your employer refuses to do so, you can file a Wage Complaint form (MW-31A) with the New Jersey DOL, Division of Wage and Hour Compliance at (609) 292-2305.
Good luck,
Natalia Shishkin, Esq.
answer to Is it legal in nj to withhold my commission by using excuses from my employer? posted Nov 8, 2011 2:02 PM [EST]
If your employer refuses to do so, you can file a Wage Complaint form (MW-31A) with the New Jersey DOL, Division of Wage and Hour Compliance at (609) 292-2305.
Good luck,
Natalia Shishkin, Esq.
answer to Is it legal in nj to withhold my commission by using excuses from my employer? posted Nov 8, 2011 2:02 PM [EST]
There are several methods of calculating when an employee becomes eligible for a new FMLA leave after he/she has exhausted the 12 weeks of protected leave. You should speak to an attorney to determine if your employer's calculations are correct. Also, please keep in mind that your employer is not allowed to discriminate against you because of your disability even if you are not protected by the FMLA or the New Jersey Family Leave at the moment. I recommend that you seek advice from an experienced employment attorney to understand your rights and to help protect your job.
LEGAL DISCLAIMER
My response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. To get specific legal advice please contact an attorney within your jurisdiction.
answer to IS THERE AN APPEALS PROCESS IF MY EMPLOYER DENIES MY APPLICATION FOR FMLA? posted Oct 21, 2011 3:26 PM [EST]
LEGAL DISCLAIMER
My response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. To get specific legal advice please contact an attorney within your jurisdiction.
answer to IS THERE AN APPEALS PROCESS IF MY EMPLOYER DENIES MY APPLICATION FOR FMLA? posted Oct 21, 2011 3:26 PM [EST]
It is hard to tell without knowing all the facts. Nonetheless, if you are eligible for both the FMLA and NJ Family Leave Act, you may have up to 24 weeks of protected leave, if you had a serious health condition/pregnancy-related complications while you were expecting and then took maternity leave after your baby was born. To get specific legal advice please contact an attorney within your jurisdiction.
Good luck!
Natalia Shishkin, Esq.
www.njemploymentlawfirm.com
LEGAL DISCLAIMER
I am licensed to practice law in NJ and NY and specialize in employment law. My response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question.
answer to Does my employer have to hold my job when out on Maternity Leave? posted Feb 3, 2011 10:29 AM [EST]
Good luck!
Natalia Shishkin, Esq.
www.njemploymentlawfirm.com
LEGAL DISCLAIMER
I am licensed to practice law in NJ and NY and specialize in employment law. My response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question.
answer to Does my employer have to hold my job when out on Maternity Leave? posted Feb 3, 2011 10:29 AM [EST]
Non-competition agreements are enforceable as long as they are reasonable. An employer seeking to enforce a non-compete has to show that the agreement serves the purpose of protecting its legitimate business interests, and not just insulates the company from competition. Thus, the answer to your question depends on many factors, such as the scope of the restrictions, for example. If the non-compete only prohibits you from competing on the accounts you have worked on, it is more likely to be enforceable.
The reason for the separation also becomes a relevant factor in an action to enforce an non-compete. However, I rarely see agreements that provide for different restrictions depending on the way the employment ends. Good luck!
LEGAL DISCLAIMER
I am licensed to practice law in NJ and NY and specialize in employment law. My response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. To get specific legal advice please contact an attorney within your jurisdiction.
answer to Is a two-year non-compete period enforceable regardless of the reason for separation? posted Sep 27, 2010 10:29 AM [EST]
The reason for the separation also becomes a relevant factor in an action to enforce an non-compete. However, I rarely see agreements that provide for different restrictions depending on the way the employment ends. Good luck!
LEGAL DISCLAIMER
I am licensed to practice law in NJ and NY and specialize in employment law. My response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. To get specific legal advice please contact an attorney within your jurisdiction.
answer to Is a two-year non-compete period enforceable regardless of the reason for separation? posted Sep 27, 2010 10:29 AM [EST]
If you fit other eligibility requirements of the NJ FLA and FMLA, you can take leave to take care of you daughter if she has a "serious health condition." The condition can be both physical and mental. Shortly after a C-section many women would be considered to have a "serious health condition." For more specific advice, please contact our firm, Resnick & Nirenberg, PC at (973) 781-1204.
LEGAL DISCLAIMER
I am licensed to practice law in NJ and NY. My response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question.
answer to as a nj employee can i take njfmla to care for my adult daughter who will have a c section. posted Feb 8, 2010 09:43 AM [EST]
LEGAL DISCLAIMER
I am licensed to practice law in NJ and NY. My response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question.
answer to as a nj employee can i take njfmla to care for my adult daughter who will have a c section. posted Feb 8, 2010 09:43 AM [EST]
Not really. You could be eligible for the NJ Family Leave and the FMLA if your child/spouse/parent had a serious health condition. If your child is healthy, you do not have this option. Try to negotiate with you employer.
Also, note that although your employer is not obligated to keep your job for you, they may not discriminate against you as a woman/primary caretaker. If they have allowed male employees to take non-FMLA extended leave without repercussions, but let you go, you may have a case of gender discrimination.
Good luck!
Natalia Shishkin, Esq.
LEGAL DISCLAIMER
I am licensed to practice law in NJ and NY. My response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. To get specific legal advice, please contact our firm Resnick & Nirenberg at 973-781-1204.
answer to can i take leave due to no child care for the summer posted Feb 8, 2010 09:27 AM [EST]
Also, note that although your employer is not obligated to keep your job for you, they may not discriminate against you as a woman/primary caretaker. If they have allowed male employees to take non-FMLA extended leave without repercussions, but let you go, you may have a case of gender discrimination.
Good luck!
Natalia Shishkin, Esq.
LEGAL DISCLAIMER
I am licensed to practice law in NJ and NY. My response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. To get specific legal advice, please contact our firm Resnick & Nirenberg at 973-781-1204.
answer to can i take leave due to no child care for the summer posted Feb 8, 2010 09:27 AM [EST]
If you do not have an employment contract, you are considered an employee "at will" in NJ, which means that you can quit for any reason and you can be fired for ANY or NO reason. Your employer is not required to explain the reason for your termination. I assume that you are not a union member.
However, if you think that the co-worker, who wrongly accused you of verbal abuse, had a bias against you, or there is other evidence of discrimination or retaliation, this situation may be worth looking into. Feel free to contact our firm, Resnick & Nirenberg, if this is the case.
Good luck,
Natalia Shishkin, Esq.
LEGAL DISCLAIMER
I am licensed to practice law in NJ and NY and specialize in emplpyemnt law. My response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. To get specific legal advice please contact an attorney within your jurisdiction.
answer to Was I wrongfully terminated? posted Jan 14, 2010 11:18 AM [EST]
However, if you think that the co-worker, who wrongly accused you of verbal abuse, had a bias against you, or there is other evidence of discrimination or retaliation, this situation may be worth looking into. Feel free to contact our firm, Resnick & Nirenberg, if this is the case.
Good luck,
Natalia Shishkin, Esq.
LEGAL DISCLAIMER
I am licensed to practice law in NJ and NY and specialize in emplpyemnt law. My response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. To get specific legal advice please contact an attorney within your jurisdiction.
answer to Was I wrongfully terminated? posted Jan 14, 2010 11:18 AM [EST]
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