Labor & Employment

There is a growing trend in New Jersey to prosecute public servants for misconduct in office. This includes, but is not limited to, police officers, state workers, county employees, and elected officials. Further, the number of public servants being prosecuted for so-called misconduct in office is exponentially increasing. Meanwhile, the alleged evidence for such prosecutions appears to be thinning with each new case.

So what exactly is official misconduct? In a nutshell, the official misconduct statute, N.J.S.A. 2C:30-2, is an extremely broad statute that allows the State to prosecute public officials for various acts of misconduct in office. Most surprisingly, a public official can be charged with official misconduct even in situations where the alleged misconduct does not violate any laws. In essence, any violation of work policy could expose a public servant to charges of official misconduct.

To make matters worse, if you are charged with official misconduct and the State alleges that in committing the so-called misconduct, you received a benefit that either has no monetary value, or has a monetary value over $200.00, then you will likely be charged with second degree official misconduct – a charge that carries a penalty of no less than five years in prison. Furthermore, if you are charged with committing official misconduct on more than one occasion, the State may even charge you with committing a so-called “Crime or Pattern of Official Misconduct,” in violation of N.J.S.A. 2C:30-7.

Confused? You’re not alone. Recent Appellate and Law Division Opinions have wrestled with the vast breadth of the Official Misconduct statute. In fact, in 2008, the Appellate Division in State v. Thompson, et al, tried to explain the reach of the statute’s two subsections, noting that while subsection “a” did not require the commission of a crime to be held valid, subsection “b” did. Unfortunately, though the Thompson Court’s Opinion helped to curtail the reach of subsection “b” violations, it did very little to explain or rectify the breadth of subsection “a”. Thus, notwithstanding the Thompson decision, the official misconduct statute continues to confuse New Jersey citizens and attorneys alike.

If you or a loved one has been charged with Official Misconduct, it is crucial that you retain an aggressive attorney who understands the official misconduct statute and its current treatment by the Court. The Attorneys at the Law Offices of Kamensky Cohen & Associates have been providing aggressive legal representation for over thirty-five years. For a free consultation with one of our attorneys, please call Kamensky Cohen & Associates at 609) 394-8585.

In New Jersey, an employee who is injured while at work is entitled to free medical benefits, temporary disability benefits, and (if appropriate) an award for permanent disability. The first two benefits are generally provided by the employer immediately after the injury without the assistance of legal counsel. However, the third aspect, concerning the permanency of the injury, is often highly contested. It is at this stage that selecting the right attorney to pursue your claim is invaluable.

Your attorney will begin the litigation process by filing a formal Claim Petition. Once the claim is filed, the process of accumulating the records from the treating doctors begins. Pursuant to the laws of New Jersey, your employer will provide all records in their possession to your attorney free of charge. Once all of the records are received, they will be sent to a neutral doctor who will perform an evaluation to determine your degree of permanent disability. In addition, your employer will also require that you attend a physical or mental examination with a physician of their choice for an estimation of disability.

Once the separate reports are received, the negotiation process begins and each party’s respective positions as to permanent disability are presented to the Judge of Compensation. He or she will review these reports and make a recommendation as to the percentage of the disability. If the parties agree with the Court’s determination, the matter is scheduled for a date in which the Court can formally approve the settlement. In New Jersey law, all workers’ compensation settlements must be approved by a Judge of Compensation in open court. If the parties cannot agree on a settlement, a formal trial will be conducted at which time testimony of witnesses will be heard. At the conclusion of all of the testimony, the Judge will deliver a decision regarding permanent disability, which is binding on all parties.

As always, if you have any questions, please do not hesitate to contact us at Kamensky Cohen for assistance with all of your Workers’ Compensation questions.

For more information, please visit http://kc-law.net

In Pennsylvania, many small businesses incorporate or form limited liability companies unaware that simply creating the corporate entity is not enough to effectively defer the liability or risk.  The Pennsylvania Supreme Court has articulated factors it will consider in determining whether or not it will disregard the corporate form or “pierce the corporate veil.” The factors to be considered in disregarding the corporate form are “undercapitalization, failure to adhere to corporate formalities, substantial intermingling of corporate and personal affairs, and use of the corporate form to perpetrate a fraud.”  Lumax Industries v. Aultman, 543 Pa. 38, 42 (1995).  Fully understanding these factors and their application is essential knowledge for any corporate business owner.

It is important to know the current state of Pennsylvania law or the efforts to incorporate or form a limited liability company may be worthless if a court “pierces the corporate veil.”  At Kamensky Cohen & Associates, we can counsel you on the current state of Pennsylvania law in connection with “piercing the corporate veil” and other corporate issues.  Please contact us today.  We look forward to speaking with you.

For more information, please visit http://kc-law.net

Our office is presently involved in two cases involving millions of dollars in damages to innocent persons and companies.  These cases represent examples of the disastrous effects of failing to respond to legal documents.

The first case involves a business that was served with papers naming them as defendants in a lawsuit.  The manner in which the business was conducted apparently left a gaping hole for the transfer of documents from the day-to-day operations of the business to the management of the company.  On several occasions papers involving the lawsuit failed to reach management which resulted in a default judgment in an amount in excess of $1 million.  The most salient factor about this case is that, had our clients responded initially, there was no likelihood that the plaintiffs would have had any recovery against our clients and the cost of representing them would have been about one tenth of what it will cost them to dig them out of the hole they are in.  We are now involved in an expensive battle to vacate that judgment which is certainly not a sure thing.  The lesson   —  whether you are a business or an individual it is your responsibility to see to it that legal documents received by you are reviewed by a competent attorney and a determination made as to what is necessary in order to protect your interests.  The cost of that review is minimal, especially when compared to the losses that can be encountered if you fail to respond.

Approximately 2 weeks after we began work on the above matter a similar case came to us from our forwarding counsel in Australia.  The client is a sophisticated world businessman with interests in the United States, Europe and the Middle East.  This client has had his Real Estate (valued in excess of  $2 million) seized by an individual that he believed was his managing agent at that property.  The short version of what had occurred is a business associate of our client was installed in the U.S. to manage his business interests at a particular horse location used for the training of race horses.  The business associate filed a lawsuit making fraudulent claims and then intercepted all of the legal documents. As a result a judgment was obtained and a sheriff’s sale resulted in the sale of the property to the same individual who engaged in the fraudulent activity.  This case is pending before the courts, with a lis pendens placed on the property by our offices which will protect the property from being conveyed to any innocent third party while we conclude our fraud claims against the former perpetrator of the fraud.  The lesson—you must have trustworthy people reviewing your mail and acting on your behalf.  It is recommended that more than one person be involved in the receipt and review of mail. There is no sure way to protect against fraud but checks and balances will help.  Call us if you need assistance protecting your business, whether before or after the disaster occurs.

For more information, please visit http://kc-law.net

Kamensky Cohen has recently had a remarkable success in a legal claim against the American Boychoir School in Princeton New Jersey. Our client claimed that the former director of the school and other co-workers were involved in pedophilia in multiple instances.

This childhood sexual abuse case presented several unique problems including the fact that it was over 35 years old. The concept of the statute of limitations made this a very difficult matter to overcome, however, our legislature in New Jersey has passed legislation which allows a more liberal interpretation of the statute of limitations. Our Supreme Court in a similar case recently provided “good law” upon which reroute let rely to get past that statute of limitations which is ordinarily two years. In a settlement reached less than one month ago our client entered into an agreement the provided him with a sum of money that we are not permitted to disclose. Our client, however, has expressed great satisfaction with this outcome. Sexual abuse is a problem that has been pervasive and has been widely reported in the press in the past several years. Claims against the church, against private schools and individuals have been handled by this office with great success.

The Labor Law Department at Kamensky Cohen is presently involved in several claims of sexual harassment, some of which have already been resolved, once again, to the great satisfaction of our clients.

IF YOU LOSE YOUR JOB-

WHAT YOU NEED TO KNOW ABOUT

UNEMPLOYMENT COMPENSATION & MEDICAL INSURANCE

By Mark Laderman, Esq. , Associate Attorney

Law Firm of Kamensky-Cohen

The American economy lost more than 2 million jobs in 2008, the most of any year since the end of World War II. Manufacturing activity is at its lowest level in nearly three decades. Experts believe unemployment could reach double digits if no action is taken.

In response to these challenges, on February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (Act).  It has been hailed as an unprecedented effort to jumpstart our economy and create or save millions of jobs. The Act has been called an extraordinary response to a crisis unlike any since the Great Depression, and includes measures to modernize our nation’s infrastructure, enhance energy independence, expand educational opportunities, preserve and improve affordable health care, provide tax relief, and protect those in greatest need.

While the Act affects many people in many different ways, there are two major changes affecting those who have lost their jobs in these tough times.  First, the Act extends the Emergency Unemployment Compensation (EUC) program through December 2009, increasing weekly Unemployment Insurance benefits, and providing financial incentives for states to modernize their Unemployment Insurance systems to expand coverage and handle higher workloads.  Second, the Act changes the potential avenues available to continue medical insurance coverage after a termination of employment.

In New Jersey, all individuals receiving regular Unemployment Insurance (UI), Extended Unemployment Compensation (EUC), Self-Employment Assistance (SEA), Trade Act (TRA), Unemployment Compensation for Federal Employees (UCFE) and Unemployment Compensation for Ex-Servicemembers (UCX) benefits will receive an additional $25 payment for each week of benefits paid beginning with week ending February 28, 2009, and extending through the week ending July 3, 2010, provided that the claim for benefits is dated no later than December 20, 2009.  Therefore, if you are uncertain if you are eligible, you should contact a qualified attorney to discuss your particular situation.Â

In addition, the Act has changed the potential avenues available to continue medical insurance coverage after a termination of employment.  One change is that eligible individuals now pay only 35% of the Consolidated Omnibus Budget Reconciliation Act (COBRA) or New Jersey Continuation premium and have no responsibility for the remaining 65% of the COBRA or New Jersey Continuation premium. The premium reduction applies to periods of medical insurance coverage beginning on or after February 17, 2009 and lasts for up to nine months.

Generally, COBRA applies to employer groups who employ twenty or more employees.  COBRA is the Federal law that allows persons who lose medical insurance coverage for a variety of reasons to continue coverage under the group plan of their employer for fixed periods of time.

In New Jersey, Continuation usually applies to employer groups who employ fewer than twenty employees. New Jersey Continuation is based on a New Jersey law that allows persons who lose coverage for a variety of reasons to continue coverage under the group plan of their employer for fixed periods of time.

There are some exceptions to the twenty or more employee guideline for COBRA and less than twenty employee guideline for New Jersey Continuation, so the best way to find out which law applies to you is to contact your lawyer.

*The laws are continually changing to meet the needs of the nation’s economic situation.  To insure that your benefits and rights are accurately being served, contact a reliable attorney specializing in Labor and Employee Matters.  Kamensky Cohen has attorneys whose area of practice is devoted to these issues.  You can reach them at info@kc-law.net or visit http://kc-law.net.