Answers Posted By Jonathan Nirenberg

Answer to unpaid severance pay

If you have a claim for severance, it is likely to be a breach of contract claim. Fortunately, the statute of limitations for a breach of contract under New Jersey law is 6 years. That being said, I would have to review the employee handbook and speak to you to evaluate whether you have a breach of contract claim. Feel free to contact my office if you would like to discuss scheduling a consultation.

posted Aug 3, 2017 11:07 AM [EST]

Answer to i got a letter while i was on fmla i live in nj hr had sent me a letter back in jan saying i had 5 days to contact them or i will be terminated was this a violation.

It is impossible to accurately answer your question without a lot of additional information. I recommend that you contact an employment lawyer to try to schedule a consultation.

posted May 1, 2017 05:48 AM [EST]

Answer to FMLA TERM My employer has just informed me via email that going forward my intermittent time frame for FMLA leave will be approved for 6 months terms. I have a 5 year old daughter with Down Syndrome who I have to take yo Dr appt, therapists, surgeries and

By law, you are entitled to 12 weeks of FMLA per year. Assuming you are qualified for FMLA leave, your employer cannot reduce that entitlement.

Likewise, your employer cannot decide in advance that you are not eligible for additional FMLA leave in 6 months. You should apply to extend your leave before the 6 month term is over.

Please note that I'm providing this information based on my understanding of your situation, but since i have limited information I may be mistaken. You probably should meet with an employment lawyer to discuss your rights in more detail.

posted Mar 30, 2017 06:13 AM [EST]

Answer to Can I make a claim for unpaid wages after I already signed a severance release?

It might be possible to sign the severance agreement and still pursue a claim for unpaid wages -- I would need more information to be able to evaluate how likely that is. However, I would highly recommend that you talk to an employment lawyer before you decide whether to accept the severance offer.

posted Mar 8, 2017 1:35 PM [EST]

Answer to Non Compete agreement working in NJ and my employer is in TX

I would need to review the contract that includes your non-compete agreement and additional information about the relevant facts and circumstances to be able to answer your question. For example, where did XYZ file its lawsuit -- in New Jersey or in Texas?

posted Jan 26, 2017 12:50 PM [EST]

Answer to My job wants me to sign a letter of them decreasing my salary and stretching my hours to 50 a week.

You should schedule a consultation with an employment lawyer who can help determine whether you are legally entitled to overtime pay under state or federal law, and if so then whether the change in your compensation violates your legal rights.

posted Nov 18, 2016 10:51 AM [EST]

Answer to ??

I would need to review your non-compete agreement and understand the full context of your change from an independent contractor to employee to determine if your non-compete agreement is likely to still apply.

posted Aug 17, 2016 10:27 AM [EST]

Answer to Non-compete for an out of state employer

Non-compete agreements are very fact specific. I would need to review the agreement and discuss the details with you before I could answer your question.

posted Mar 21, 2016 06:33 AM [EST]

Answer to I have been on intermittent FMLA leave since 2013. I feel I am being harassed by HR over my certification. I was approached last June by HR and told they contacted my doctor to verify every day I had taken off since Jan. 1..I did not give permission for t

The FMLA has fairly detailed regulations about what your employer can and cannot do. From the limited information you have provided, it sounds like your employer may have violated one or more of those regulations. I recommend that you contact an employment lawyer directly to discuss your legal rights and options.

posted Jan 6, 2016 08:16 AM [EST]

Answer to non compete agreement after employment

Non-compete agreements are a growing problem. As you said, they are generally enforceable in New Jersey even when the employees have no choice but to sign them or lose their jobs.

My firm advises employees about non-compete agreements. I would be happy to schedule a consultation with you. Please call my office at 201 487-2700.

posted Feb 25, 2013 08:40 AM [EST]
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