Fred S Shahrooz-Scampato's Answers

I resigned my job 6 months after sexual harassment due to hostile work environment. Based on the info below do I have a case???

You should ask the attorney to provide you with information regarding where your lawsuit was filed (e.g. Essex County Courthouse or the Federal Courthouse in Newark) and the docket number of your case. Then you can communicate with the court and find out whether the case has been filed. For your information, every attorney licensed in the State of New Jersey is bound by a code of ethics. Based on what you have described above, it appears that your attorney may have violated one or more...

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Can I be terminated if I refuse to work with a co-worker.

Based on the information supplied in your question, it appears likely that you can be terminated if you refuse to work with the co-worker. Additionally, the NJ Div. of Unemployment Compensation may also find that you committed an act of misconduct by refusing to work with the co-worker. If the co-worker is not harassing, discriminating and/or retaliating against you due to the fact that you are a member of a protected class (e.g. sex, age, gender, race, disability, etc...) then you most...

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What type of lawyer do I retain to possibly sue my former employer for sexual harassment, defamation of character, wrongful term

It sounds to me as if you should be looking for an attorney who focuses his or her practice in the field of employment law. The facts, as you alleged, sound like they could constitute a potential strong case of hostile work environment sexual harassment. I encourage you and the three women that you mention in your facts to immediately get in contact with one of the NJ employment law practitioners who are members of the National Employment Lawyers Association, NJ branch. Follow this link to...

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What will be the consequences or breaking an employment contract

With all due respect, your use of this forum to obtain legal advice on an employment agreement isn't a very good idea for several reasons. (1) You are seeking legal advice regarding a document that you do not completely understand and are paraphrasing legal terms with less than 100% accuracy. Any responsive advice you receive will be correspondingly faulty. (2) You are only including certain terms, and thus, may be inadvertedly withholding critical information. To demonstrate this point, you...

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If the EEOC issues the right to sue and months later a suit is filed can another file be open with the EEOC for retaliation?

I think that the subpoena against your current employer could be actionable as post-termination retaliation under Roa v.Lafe (if your claim is a NJ Law Against Discrimination claim) or as tortious interference or as abuse of process. Here is a link to an article on Roa v. Lafe, which you can review; http://www.ghclaw.com/Articles/2010/2010_Becker_Fox_Labor.pdf

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Job trying to force me to resign

More information is needed before an answer can be provided to you. Normally, a company can terminate a person anytime they like, that's what the term "at will" employment means. So, to offer you to find another position in another department during a 30 day period is not illegal. However, I would like more information on your family lifestyle. Why specifically, are you unable to agree to the offered set schedules and what do you mean by fitting your "family lifestyle"? Under certain...

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Is it legal for a company in NJ to not be paying wages on time?

Mr. Fink is correct; you can immediately contact either the NJ or Federal Department of Labor. Those agencies would file an administrative action on your behalf and it would not be necessary for you to retain private counsel. You can also sue in State or Federal court. Under NJ law, it is not only the business that is responsible for paying your salary at regular intervals, but also the officers and/or owners of the business. In other words, if you get a judgment and the company closes down...

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Terminated from my employer due to military service

THe New Jeresey Law Against Discrimination, N.J.S.A. 10:4-1 et seq., makes it unlawful to discriminate against an individual due to his or her service in the military. I recommend that you contact an employment lawyer to learn more about your rights and to discuss the merits of your case. If you go to the National Employment Lawyers Assocaition (NELA) website, you can find an attorney who will be familiar with this statute: www.nelanj.org/

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My last two paychecks have not cleared the bank. The problem isnt with my account but my employers what action can i take?

You can file an administrative action with the NJ Department of Labor online to collect on the bad checks. Here's a link to the website: http://lwd.state.nj.us/labor/wagehour/complnt/complaint_forms.html Under NJ law, the owners and officers of the company are personnally liable to pay in addition to the company to pay your outstanding wages via a wage complaint. If you are retaliated against as a result of filing this wage complaint, then you should consult with a NJ employment law attorney....

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How do I find out if I have been unfairly terminated or if I have a legal recourse

Your greatest source of help in this matter can still come from your union. Typically, there are several steps for you to take to try to grieve your termination. The last step would be binding arbitration. It is essential that you work with the union. Make sure that they have all of your facts and the name of your witnesses. You should be diligent in follow up with your communications to the union in the event that you if you do not receive return phone calls from them. If you believe...

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