A:         The New Jersey Law Against Discrimination prohibits employers from discriminating in any employment related action, including recruitment, interviewing, hiring, promotions, discharge, compensation and the terms, conditions and privileges of employment on the basis of any of the law’s specified protected categories. These protected categories are: race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy and sexual harassment), marital status, domestic partnership status, affectional or sexual orientation, atypical hereditary cellular or blood trait, genetic information liability for military service, or mental or physical disability, including AIDS and HIV related illnesses. The New Jersey Law Against Discrimination prohibits intentional discrimination based on any of these characteristics.

Q:        What can I do if I believe my rights have been violated under the New Jersey Law Against Discrimination?

A:         You may file a complaint in the Law Division of the Superior Court of New Jersey within two years of the alleged violation.  Alternatively, you may file a complaint with the New Jersey Division on Civil Rights within 180 days of the date of the alleged violation.  Please contact us today to determine which course of action is best for you.

Q:        I work in Pennsylvania, what does the Pennsylvania Human Relations Act prohibit?

A:         The Pennsylvania Human Relations Act prohibits discrimination in employment on the bases of race, sex, age, religion, national origin, disability, or other protected class.

Q:        What can I do if I believe my rights have been violated under the Pennsylvania Human Relations Act?

A:         You must file a complaint with the Pennsylvania Human Relations Commission within 180 days from the date of the alleged act of harm.

Q:        Are there other laws that may protect me?

A:         There are a number of state and federal laws that apply to individual employees and the employer-employee relationship.  Please contact us today to discuss your unique situation to know your rights.

A:         The best way to avoid having discrimination charges filed against you is to know the law and not to discriminate. Having sound policies and procedures and applying them equally will go a long way to prevent a complaint from being filed against you.

Q:        What accommodations do I have to make for a disabled employee or for an employee’s religious beliefs?

A:         All “reasonable” accommodations.  What is reasonable is determined on a case-by-case basis.

Q:        My employee handbook is ten years old, should it be updated?

A:         The law is ever changing with each new case.  It is recommended to conduct an annual assessment of employer anti-discrimination and discipline policies.

Q:        Must my New Jersey company post any notices?

A:         Yes.  It is necessary to ensure that all worksites properly post the Employment, Family Leave Act, and Public Accommodations posters as required under New Jersey law. Failure to do so will subject an employer to a fine of up to $10,000 for a first offense.

Contact Kamensky Cohen today to arrange for an appointment to discuss these, and any other employment related issues.  A short and inexpensive appointment will provide you with the answers to many questions that could save you thousands of dollars and provide a safe and happy environment at your workplace.

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.

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

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

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

There can, however, be a claim for the pain, suffering and loss of enjoyment of life against another party; i.e. a “third party claim” if the person causing your injuries is not employed by your employer. This “third party” can be anyone who causes your injury and is not employed by your employer. We have brought such claims against manufacturers of defective products, employees of other employers who may be working on the same job with you, or anyone other than a member of your company that has caused your injuries due to their negligence.

Sometimes, a third party claim can even be as remote as against the attorney who handled your Worker’s Comp claim and failed to file a third party claim on your behalf. Our office recovered a recovery in excess of $950,000.00 for a claim against another lawyer who failed to recognize the existence of the third party claim.

As stated above the general rule is that your employer or a co-employee cannot be held liable for injuries, aside from the benefits provided under the Workers Compensation Act (lost wages, medical expenses and a limited permanency award). There are some rare occasions that an employer can be sued for your injuries on the job. In 2002 the New Jersey Supreme Court decided the case of Laidlow v. Hariton Machinery Co., Inc., 170 N.J. 602 (2002) and the Court carved out a well reasoned exception to this general rule. The Supreme Court described the circumstances under which a co-employee or your employer can be held responsible for your injuries for damages in addition to his statutory responsibility under the Workers Compensation Act.

If the employer’s conduct can be considered intentional or reckless, that is, the employer must know that his actions are substantially certain to result in injury or death to the employee, then the employer can be held liable for damages beyond his responsibility for providing Worker’s Compensation benefits. This can mean tens or even hundreds of thousands of dollars in additional recoveries to you and your family for legitimate claims for pain, suffering, and the loss of enjoyment of life. Bottom line: if you are injured on the job, consult with a knowledgeable personal injury attorney before settling for what your employee or workers’ comp attorney offers. Our office offers skilled attorneys in the worker’s compensation law who work closely with our personal injury lawyers. Every worker’s compensation case that comes through our office is reviewed for third party actions.

Please visit KC-Law.net for more infoimation

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.