Jump to Navigation

Newark Litigation and Appeals Law Blog

Determining a lawyer's competency in New Jersey

New Jersey residents who believe that their attorney did not adequately protect their legal interests in a case may have the option to file a legal malpractice claim. Such a claim can be filed for various reasons. For instance, if repeated attempts of communication with the attorney have yielded no results, then that may constitute grounds for legal malpractice. However, if there is a valid reason why an attorney did not contact a client, the issue could be resolved without resorting to litigation.

Each state requires that attorneys are able to do their job at a basic competent level. In the event that a legal professional has not competently performed his or her duties to a client, a complaint may be filed with either the state supreme court or bar association. Examples of incompetence may include inappropriately allocating a client's funds, failing to show up to a court hearing or providing false information to a judge or jury. Additionally, if an attorney has engaged in criminal conduct or failed to adequately know the law, these may also be considered indications of incompetence.

Understanding workplace sexual harassment

Most New Jersey employees know that they are protected against sexual harassment in the workplace, but there may be some confusion about the specifics of state and federal law concerning this issue. The Civil Rights Division of the New Jersey Department of Law and Public Safety defines sexual harassment as a form of sexual discrimination where a person behaves in an unwanted behavior toward another person. Employees may benefit from learning about how this law applies to the workplace and the steps to seek remedy for violations.

Employers are required to institute policies that protect all of their employees, even temporary or casual ones, from sexual harassment. The may include a harassment reporting policy, prevention training or even steps for an employee to take when confronted with harassment from a customer. When this type of sexual discrimination occurs, an employer failing to address it is in violation of the law.

Tenant indicates plans to move from "Real Housewives" mansion

A Montville man has announced his plans to stop fighting a "Real Housewives of New Jersey" star from whom he has been renting a mansion. The real estate dispute was related to an attempt by the owner to evict the man due to breach of contract claims. The man was accused of not following through on an agreement to purchase the property for a reported price of $3.8 million.

The owner of the property sued the man, and a Superior Court judge ruled on September 3 in favor of the owner. As a result, the tenant was ordered to pay nearly $31,000 to avoid eviction. The man has indicated that he will move out of the mansion shortly, noting that he has located another property. He also noted that his attorney had been given terms for arranging a settlement related to termination of the housing agreement in the current residence.

Information and representation in employment disputes

New Jersey employment issues could affect both employees and employers, and it is important to have the assistance of someone with a proper perspective in facing litigation or filing a claim. Contracts, statutes and other issues can come into play as a situation is explored, and an understanding of employment law is critical for appropriate representation to be provided. In any legal case, both parties could be greatly affected by the outcome.

Employee issues that may be addressed through legal representation may range from discrimination claims to harassment concerns. In some cases, legal action might not be warranted if proper channels are pursued for reporting issues in your work setting. However, you may find that a situation continues to be problematic in spite of using the prescribed protocols for making a report about a concern. In that event, addressing the situation may require strong action such as litigation. Even if legal action is not necessary, reliable advice from an experienced lawyer may help to clarify the proper approach to seeking a remedy.

New Jersey judiciary employees claim sexual harassment in suit

The offices of the judiciary courts in New Jersey run just like any other business would. This means that anything that happens at other companies, including sexual harassment, can happen there. Case in point: a recent lawsuit alleges workplace sexual harassment by two former judiciary employees from Monmouth County.

The two workers, both female, claim that their former supervisor, a female court administrator, created a toxic atmosphere that made it impossible for them to stay. According to their reports, their workdays were filled with their boss talking about sexually explicit topics and sending emails with links to pornographic sites. She also allegedly spoke freely about subject matter inappropriate for public conversations, including feminine hygiene.

New Jersey breach of contract claims part of Sandy legacy

When Superstorm Sandy hit the coastal towns of New Jersey in 2012, the short-term damage was apparent and widespread. However, it would seem to have a more long-lasting impact than might be expected, judging by breach of contract claims reports. One of those breach of contract claims is between a Carlstadt-based printing company and its insurer.

The printing company, which has thus far received $1.25 million in insurance monies to cover damage and debris cleanup, believes that its insurance company actually owes more than $35 million more to cover additional problems that were related to electrical surges, not flooding. The company's representatives have said that their work with a third party indicated that power surges that happened prior to water damage caused issues with the performance of some of their printing machines. Now, those machines are still reportedly not operating.

New Jersey breach of contract claims by businesses can be won

When businesses in New Jersey feel compelled to pursue breach of contract claims, there may be concerns about the cost of the lawsuit. However, it's important for companies to feel secure in the knowledge that the law may favor them if they have strong cases. For instance, their breach of contract claims could be against deceitful customers, as was the situation with a recent Garden State automobile dealership.

The auto dealership's contention was that a man's trade-in had a bad title. The man apparently told the dealership that he was the primary owner of the vehicle. Later, the dealership discovered that the man's wife, from whom he was estranged, also legally owned the vehicle. The wife refused to sign the title, and the man was forced to bring back the vehicle he had gotten as part of his trade-in agreement.

Employee from New Jersey settles wrongful termination suit

It is illegal to fire an employee simply because she becomes pregnant. In one wrongful termination suit that's finally come to an end in New Jersey, this is exactly what the plaintiff said occurred. The charges of wrongful termination and ensuing legal actions ultimately earned her a settlement of $55,000 as a result.

The woman's suit stems from her being fired from Trane U.S. during the last few weeks she was pregnant. She says she had to take medical leave because of her condition, as per her doctor's orders. She also claims that she was let go as a direct result.

New Jersey interns facing sexual harassment have legal rights

When it comes to internships at New Jersey businesses, there's no doubt that they can be thankless positions. Long days of working, tedious tasks and little to no pay can make them tough to stomach; however, they are definitely worth it for students who want to gain the skills and contacts that internships can provide. With that being said, there is no reason for interns to suffer from sexual harassment. Unfortunately, many young people in intern roles may not recognize that they do have legal rights when it comes to sexual harassment in the workplace.

The main issue can sometimes be that interns aren't always certain of the parameters they should expect when they are working on behalf of an organization. They know that they'll be at the lower rung of the proverbial "corporate ladder," so they often have lowered expectations of what they'll be asked to do. Plus, sexual harassment can often take subtle forms, especially at first.

Sexual harassment affects New Jersey men and women

Though sexual harassment on the job has often been thought of as a problem faced by female employees, more male workers are bringing their own cases to light. This may be due to the fact that traditional societal barriers to men reporting sexual harassment have begun to fall in New Jersey, as well as around the nation. Thus, males can now feel free to call attention to this unacceptable behavior by colleagues. Sometimes, though, it may be necessary for them to go through the legal system to bring to light their experiences.

One New Jersey man who once worked as an investigator in Cumberland County is now suing court system workers, the state and the judiciary of the state due to what he contends was sexual harassment by his female coworkers that was allowed to continue. He asserts that the women "came on" to him during his nine month tenure at the workplace. Despite his rebuffs to his female colleagues' alleged advancements, he states that they continued to talk to him about inappropriate subjects and to compliment his physique.

Tell Us About Your Case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Visit Our Litigation & Appeals Website
Office Location

96 Park Street
Montclair, NJ 07042
Phone: 973-718-2239
Fax: 973-509-0063

Map & Directions