Answers Posted By Natalia Shishkin

Answer to I've out on medical leave and the company I work out announced they terminated me. They have not contacted me directly or provided me a letter documenting the termination. Are they allowed to notify the whole company that I am terminated even though they

There is not enough information to analyze if your termination was unlawful. Without knowing more, depending on the duration of your leave, the size of the company, and other circumstances, you may or may not have a claim under the FMLA or the New Jersey Law Against Discrimination, which requires employers to provide a reasonable accommodation to employees with a disability. Assuming that your termination was not unlawful, company-wide notification of your separation should not be an issue.

posted Oct 4, 2015 8:47 PM [EST]

Answer to Terminated while on ADA approved medical leave?

There is not enough information to determine if your rights were violated. Generally, an employer is required to provide a reasonable accommodation to an employee with cancer. What is reasonable depends on many different factors, including the duration of your leave and the burden on the employer. Also, your employer may not discriminate against you because of your disability. Thus, an employment attorney may ask you if your employer granted leave of similar duration to employees without a disability. I recommend that you speak to an employment lawyer to get advice specific to your situation.

posted Sep 29, 2015 12:48 PM [EST]

Answer to Am I being retaliated against by my employer for taking FMLA leave to care for a sick parent?

Although I agree with the general analysis by Neil Klingshirn, New Jersey courts interpret "adverse employment action" very liberally when taken in retaliation for taking FMLA leave. For example, in one of my cases a district judge agreed that a change in schedule was actionable retaliation where the employer knew that the schedule was extremely inconvenient for my client. If the employer continues to treat you differently because of your FMLA leave and you start losing money as a result, you may want to speak to an experienced employment attorney.

posted Jun 16, 2015 1:10 PM [EST]

Answer to Is it legal in nj to withhold my commission by using excuses from my employer?

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.

posted Nov 8, 2011 12:02 PM [EST]

Answer to IS THERE AN APPEALS PROCESS IF MY EMPLOYER DENIES MY APPLICATION FOR FMLA?

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.

posted Oct 21, 2011 12:26 PM [EST]

Answer to Does my employer have to hold my job when out on Maternity Leave?

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.

posted Feb 3, 2011 08:29 AM [EST]

Answer to Is a two-year non-compete period enforceable regardless of the reason for separation?

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.

posted Sep 27, 2010 07:29 AM [EST]

Answer to as a nj employee can i take njfmla to care for my adult daughter who will have a c section.

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.

posted Feb 8, 2010 07:43 AM [EST]

Answer to can i take leave due to no child care for the summer

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.

posted Feb 8, 2010 07:27 AM [EST]

Answer to Was I wrongfully terminated?

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.

posted Jan 14, 2010 09:18 AM [EST]