Fee shifting is permitted when a statute or contractual provision provides for the loser of a lawsuit to pay the winner’s legal costs. Generally in the United States, we follow the “American Rule” where each party in a lawsuit pays for their own...
Employment attorney Robin Shea published an excellent article over at the Employment & Labor Insider blog entitled 9 traits of a bang-up workplace investigation. In my EEOC and NJ LAD mediations over the years, I have seen a number of poorly executed...
Update (4/7/2017): The 7th Circuit issues an 8-3 en banc decision reversing the district court ruling dismissing the case. ……. I’ve written previously about the Equal Employment Opportunity Commission’s (EEOC) attempts to expand existing...
In December, I wrote about a case where a person was fired presumably because he was getting divorced and having an affair with a co-worker. The plaintiff sued under the NJ Law Against Discrimination (LAD), his case was dismissed by the trial court and reverse on...
Today, the New Jersey Supreme Court Issued a decision in Rodriguez v. Raymours Furniture Company, Inc. This is a case of first impression and answers the question whether an employer can contractually limit the filing period for a claim under NJ’s Law Against...
