New Jersey Non Compete | Wrongful Termination NJ and Employee Rights

3/15/07 - Trial Results in $110,000 Verdict for Firm Client:

On March 15, 2007, after an eight-day trial before the United States District Court in Camden, New Jersey, a jury awarded $110,000 in damages to a Firm client in a case against the Raytheon Company. The case was brought by the Firm after Raytheon withdrew its offer of employment to the client, who had resigned from his previous job based on Raytheon’s promise.

Case Summary: Employee Fired Due to Political Affiliation

In a case that will soon be tried in the United States District Court in Trenton, New Jersey, Schall & Barasch represent a former employee of the Office of the Public Defender of the State of New Jersey, who alleges that she was unlawfully terminated because of her political affiliation. The plaintiff alleges that, as a registered Republican, she was terminated to make room for a Democrat when former Governor McGreevey took office.

Case Summary: Employee Fired for Caring for Dying Mother

In a case headed to trial in the United States District Court in Newark, New Jersey, Schall & Barasch represent a former employee of Deloitte & Touche, LLP, who alleges that she was terminated from her employment in violation of her rights under the federal Family and Medical Leave Act (“FMLA”) when she took time off from work to care for her dying mother.

4/01/05 - District Court to Decide Case of Three Female Investigators Alleging Discrimination in Pay by New Jersey Office of Attorney Ethics

After years of intense litigation, the lawsuit filed by Schall & Barasch in federal court against the New Jersey Office of Attorney Ethics (OAE) on behalf of three female investigators employed by that agency is now in the hands of the United States District Court. The three plaintiffs are asking the Court to find the OAE liable for a pattern of discrimination against women in regard to its compensation and hiring practices. For a full description of the case, click here to Read More...

1/18/06 - Jury Awards $50,000 Emotional Distress Damages Verdict to Schall & Barasch Client in Retaliation Case Brought Against Trenton Board of Education:

After a week-long trial, a Mercer County jury returned a verdict in favor of school secretary represented by Schall & Barasch, finding that the School District had unlawfully retaliated against her after she filed discrimination charges with the Equal Employment Opportunity Commission. There were no lost wages involved in the case since the employee has retained her job despite the retaliation.

Case: Stephen Gregory v. Administrative Office of the Courts

Summary: Reasonable Accommodation for Disabled Individuals:

After five-years of litigation in a case brought against the State of New Jersey under the Americans with Disabilities Act, Schall & Barasch just obtained for the plaintiff, a profoundly deaf individual, the accommodation that he had been unsuccessfully seeking for many years. As of June 30, 2004, the State of New Jersey has agreed to provide Mr. Gregory with a copy of the court record that is made by a court reporter operating a system called Computer Assisted Real Time whenever he appears in court so that he can better understand the courtroom proceedings. In addition, the State agreed to pay the plaintiff his legal fees and costs in the amount of $75,000. We believe this case will set a precedent for other handicapped individuals who need some accommodation in order to fully participate in legal proceedings in which they become involved.

Case: Karol Maw v. Advanced Clinical Communications, Inc.

Summary: Battling Against Non-Compete Agreements:

In an effort to curtail the abusive use by employers of non-compete agreements in the State of New Jersey, Schall & Barasch took on this ground-breaking case on behalf of Karol Maw, who was fired from her job when she refused to sign a non-compete agreement. The Firm won the case in an insightful decision by the Appellate Division of the New Jersey Superior Court, only to have the victory taken away in a split decision (4-2) by the New Jersey Supreme Court. A copy of the Supreme Court's decision, handed down on May 4, 2004, including the excellent dissent by Supreme Court Justice James Zazzalli, joined by Justice Virginia Long, can be found at the following link: http://lawlibrary.rutgers.edu/courts/supreme/a-99-02.opn.html

Case: Shirley Gordon (Plaintiff) v. GMAC Mortgage Corporation (Defendant)

Summary: Representing Employee Fired for Complaining About Company's Failure to Pay Overtime Compensation:

In a Complaint filed by Schall & Barasch on December 16, 2003, the plaintiff alleges that her employer, GMAC Mortgage Corporation unlawfully retaliated against her, in violation of both the federal Fair Labor Standards Act (FLSA) and New Jersey's Conscientious Employee Protection Act (CEPA), by terminating her employment after she objected to being denied overtime pay and after she resisted her employer's demand that she settle her unpaid overtime claims for a small fraction of what she should have received.

Case: James Labrusciano (Plaintiff) v. Park Place Entertainment Corporation (Defendant)

Summary: Employee Fired for Taking Time Off Work to Care for Ill Spouse:

In a Complaint filed on December 22, 2003, the plaintiff, a casino supervisor, alleges that the defendant terminated his employment after 23 years, in violation of his rights under the federal Family and Medical Leave Act (FMLA) and New Jersey Family Leave Act (NJFLA) to take job-protected leave time to care for his wife, who suffered from a serious health condition. The FMLA and the NJFLA both provide that an employee who needs to take time off to care for a family member who is seriously ill is entitled to keep their job for up to 12 weeks of leave time.

Case: Fernando Toto (Plaintiff) v. Princeton Township (Defendant)

Summary: Hostile Work Environment and Reasonable Accommodation:

In a Complaint filed on March 26, 2004, the plaintiff alleges that his former employer, defendant Princeton Township, unlawfully discriminated against him, in violation of New Jersey Law Against Discrimination (NJLAD), by subjecting him to a hostile work environment on account of his handicap; and by failing to provide him with the accommodations that would have allowed him to keep his job.

Case: James Tizzano (Plaintiff) v. Old Bridge Township (Defendant)

Summary: Retaliation Against Whistleblower:

In a Complaint filed on May 21, 2004, the plaintiff, a former fire sub-code official, alleges that he was fired from his job of 17 years, after he provided testimony to the New Jersey State Commission of Investigation, which was examining corruption in municipal construction enforcement state-wide. The lawsuit, brought under New Jersey's Conscientious Employee Protection Act, has been reported on by the Star-Ledger.