New Jersey Employment Law Blog

It's no secret that the ongoing sour job market has people here in New Jersey scrambling for work. The stiff competition for jobs has led some employers across the country to resort to some new procedures during the interview process that has raised a few eyebrows. One tactic is to ask the job applicant for a copy of their latest W-2 form or tax return. While the request may not be a direct violation of employee rights, some say the practice could amount to de facto discrimination and perhaps violate a few privacy laws as well.

One job applicant complained that he was asked for his W-2 by Amazon after identifying him as a person they wanted to hire. Early on in the interview process, the salary range for the position was revealed. Once he was notified they wanted to proceed to a job offer, he was informed he must first submit his W-2 form or federal tax return. Upon doing so, Amazon was said to have offered him the position at a wage below what was initially represented, causing the man to reject the offer.

Sexual harassment is a pernicious offense that can victimize someone in the workplace through no fault of their own. There are, however, certain procedures to follow when one has been victimized by such egregious behavior, and failure to follow those procedures could result in a dismissal of any claim for relief. Clearly, not all instances of sexual harassment are proven, particularly when the actions complained of are based primarily on the testimony of the victim. While that does not at all mean that sexual harassment did not occur, it underscores the importance of becoming aware of one's rights and responsibilities when faced with these circumstances. One New Jersey woman has battled those issues and more over the last several years.

The woman was employed as a senior corrections officer at the Edna Mahon Correctional Facility for Women in Union Township, and as such, her employer was the state of New Jersey. Claiming sexual harassment, as well as a hostile work environment and retaliation on the job, the woman sued in 2010. While the details of the claimed harassment were not provided in a news report covering the story, it was alleged to have involved the woman's supervisor and two co-workers.

New Jersey readers likely know of Aflac, the nationwide supplemental insurer with over 4,000 full and part-time employees that serves over 50 million people worldwide. It was recently revealed that the insurer has run afoul of the U.S. Department of Labor's Wage and Hour Division after a former employee complained about discrimination under the Family Medical Leave Act.

The issue arose after the individual had taken sick days for what was described as a serious health condition during the time period from May 2011 to August 2011. When Aflac questioned the time off from work, it requested written documentation from the worker. She was then fired after the company claimed the requested paperwork was not submitted in a timely fashion.

An employment discrimination case has gained some attention locally after a member of the New Jersey Air National Guard filed a lawsuit against his employer in Middlesex County. The service member claims that his employer, the New Jersey Turnpike Authority, engaged in workplace discrimination in violation of the federal Uniformed Services Employment and Reemployment Rights Act of 1994. The law prohibits employers from relying upon a service member's absence from work for military service to fire, deny promotions or reject vacation requests. It is further alleged that the New Jersey Law Against Discrimination was also violated.

The lawsuit claims the airman has been denied promotions from his position as a staff attorney for the Turnpike Authority. It also complains that he suffered other instances of workplace discrimination since his employment began on Aug. 21, 2008. Additionally, he alleges that his employer denied him pay raises, assigned him to the smallest office and made comments to the effect that he could be promoted if he stuck around long enough for that to happen.