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December 2015 Archives

When working a second job on FMLA leave is prohibited

During the holidays, many employers seek advice from legal counsel about whether their employees are abusing the Family and Medical Leave Act. Most of the time, they want to know how to deal with workers who are on FMLA leave but are working somewhere else. It might help New Jersey employers and their employees as well if they understand when working another job on FMLA leave is and is not permitted.

Complaining about a hostile work environment

Not all employees in every situation are necessarily protected against a hostile environment in a New Jersey workplace. Sometimes, an employee will complain to a supervisor or to human resources about harassment at work only to be fired in retaliation. The reason is that if the harassment they face at work is not presented in the context of the person being part of a protected class, it might not be illegal for an employer to ignore the complain or terminate them.

Denial of bonuses could be discriminatory

According to a decision by the U.S. Court of Appeals for the 2nd Circuit, reducing the discretionary bonus to an employee might be considered a discriminatory action for workers in New Jersey and throughout the United States. One aspect of determining whether discrimination has occurred is demonstrating that an adverse employment action has happened, and the appeals court overturned a lower court decision that had dismissed a case on the grounds that reducing the bonus was not an adverse employment action.

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