New Jersey

Is a non-compete agreement signed months after work begins enforceable?

June 1, 2011 | by Eric B. Meyer

I was reading a blog post from Jennifer L. Gokenbach at the Colorado Employer’s Law Blog, discussing how, as of yesterday, Colorado deems continuation of at-will employment to be sufficient consideration to support a non-competition agreement. In non-lawyer speak, that means that if an employee signs an agreement not-to-compete in Colorado after the employee starts working, on the condition that if the employee does not sign the agreement then the employee will be fired, the employer may later enforce that agreement.

That’s now the law in Colorado. Is that also the law in PA, NJ, and DE?

Delaware: Yes. Research & Trading Corp. v. Powell, 468 A.2d 1301, 1305 (Del.Ch.1983).

New Jersey: Yes. Hogan v. Bergen Brunswiq Corporation, 153 N.J.Super. 37, 378 A.2d 1164 (App.Div. 1977).

Pennsylvania: No. An agreement not to compete with a former employer must be supported by new consideration; i.e., a change in the conditions of employment (e.g., a raise, promotion, or other financial benefit). Maintenance Specialties, Inc. v. Gottus, 455 Pa. 327, 314 A.2d 279, 280 (Pa. 1974).

New NJ public employees must move to NJ

May 24, 2011 | by Eric B. Meyer

Last week, Governor Christie signed the “New Jersey First Act,” a bill that will require all NJ public employees hired after September 1, 2011 to live in New Jersey. Current public workers will not be affected. New hires will have up to a year to move.

***I would have reported this last week. But, then there was that masturbating Brazilian accountant thing. C’est la vie.***

Yikes! NJ discrimination victims may tack on a whistleblower claim

April 27, 2011 | by Eric B. Meyer

Consider this scenario:

Employee believes he is being discriminated against. Employee complains to Human Resources. HR investigates, but is unable to substantiate the employee’s claims. Employee nonetheless sues his employer, alleging discrimination. While the lawsuit is pending, the employer fires the employee for reasons it claims are unrelated to the pending action.

According to a recent unpublished NJ decision, the employee could have both a discrimination claim and a whistleblower claim under New Jersey’s Conscientious Employee Protection Act (CEPA).

Ain’t that some sh!t!

More on this important decision and the impact it may have on employers, after the jump…

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No more “unemployed need not apply” ads in New Jersey

April 26, 2011 | by Eric B. Meyer

In just over a month, a new law in NJ forbidding business from discriminating against unemployed job candidates will take effect.

More about this new law and the effect it will have on NJ employers, after the jump…

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Whistleblowing on a customer is NOT protected activity in NJ

April 18, 2011 | by Eric B. Meyer

In New Jersey, a private employer may not fire an employee who objects to or refuses to participate in any activity that the employee reasonably believes is illegal or would endanger public health, safety, or welfare. This is codified in New Jersey’s Conscientious Employee Protection Act (CEPA).

The typical CEPA claim involves an employee who alleges that he/she was fired after complaining directly to management about some business-related conduct that the employee thought was legally or morally wrong. But what about when an employee confronts a customer, on the employer’s premises, about something the employee reasonably believes that the customer has done wrong? If the employee is later fired, does the employee have a viable CEPA claim?

Find out, after the jump…

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When an anti-harassment policy won’t defeat a bias claim…

April 14, 2011 | by Eric B. Meyer

What happens when an employee claims to be a victim of discrimination or sexual harassment in the workplace, but fails to report the harassment to her employer? If the employer has a written anti-harassment policy, it should be able to satisfy its burden that the employee unreasonably failed to take advantage of the opportunity to avoid harm.

Maybe not.

Employers will want to continue reading after the jump to make sure that they are taking appropriate steps to avoid bias and sexual harassment claims

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4 Free Social Media Q&A Sessions for Proactive Employers

March 3, 2011 | by Eric B. Meyer

On four Thursdays in March and April (3/17, 3/24, 3/31, 4/7), I am hosting a free breakfast in Philadelphia, PA for all of my readers. With your bagel and schmear, I throw in four all-star panels of lawyers and industry professionals who will offer up their social media best practices to both protect and enhance your business.

Imagine getting deep insight from a Fortune ~~500~~ 100 Labor and Employee Relations Strategist about how unions are using social media to organize your business.

Or how about some money-saving tips from the HR Director of a NASDAQ-traded company about how you can maximize your search for job candidates using social media?

Can an employer legally refuse to hire a smoker?

February 24, 2011 | by Eric B. Meyer

Keeping with this week’s smoking theme, I see that the The New York Times recently ran a story discussing how some employers are refusing to hire smokers. The article warns, ““Smokers now face another risk from their habit: it could cost them a shot at a job.”

But is this legal? Can an employer really refuse to hire someone who smokes?

To learn the answer, check out a recent post I did at The Legal Intelligencer.

Can an employee be fired for using medicinal marijuana?

February 22, 2011 | by Eric B. Meyer

“I know you don’t smoke weed, I know this; but I’m gonna get you high today, ’cause it’s Friday; you ain’t got no job… and you ain’t got sh*t to do.” – Smokey from Friday (1995).

Back in 1995, when Smokey was trying to convince his buddy Craig to get high, California had yet to decriminalize marijuana for medical use. Now, a number of states have legalized medical marijuana.

But what happens when medical marijuana use results in a positive drug test at work? Is the company allowed to fire that employee?

Find out, after the jump.

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Can employees use your confidential documents to prove discrimination?

December 13, 2010 | by Eric B. Meyer

If you are reading this and you are a New Jersey employer, then the answer is yes. But only under certain circumstances. I’ll lay out the test for you after the jump.