Claudia A Reis’s Answers

Claudia A Reis

Morristown Employment / Labor Attorney.

Contributor Level 4
  1. Can my supervisor consider a belligerent joke funny when he says "bend over for a bonus" or "this room is for white only" is th?

    Answered 7 months ago.

    1. Lauren Craig Redmond
    2. Meghan Hayes Slack
    3. Randy Jay Harvey
    4. Cheri L Crow
    5. Claudia A Reis
    5 lawyer answers

    You should definitely find a plaintiff's employment attorney in your area and consult with him/her for advice on how to best handle this situation. Such conduct is outrageous and need not be tolerated in a workplace; however, you need to be smart about how to address the issue so as to minimize any potential harm to yourself because while retaliation for complaining about unlawful discrimination/harassment is illegal, the sad truth is that retaliation does occur. Therefore, make sure you...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. What are signs of elder discrimination at work?

    Answered 27 days ago.

    1. Allan E Richardson
    2. Claudia A Reis
    2 lawyer answers

    Age discrimination manifests itself in many different ways so there may are countless examples of such discrimination. The easiest way to determine if there is age discrimination is when an employer treats its older workers more harshly than its younger workers. For example, if the employer holds the older employees to tougher more stringent standards or disciplines them more harshly than younger workers, that could be a "sign" of age discrimination. Also, if the employer lays off older...

    1 lawyer agreed with this answer

  3. My husband's new manager who used to be a peer doesn't like him. He's threatening to fire him for something you get a write up 4

    Answered 6 months ago.

    1. Fred S Shahrooz-Scampato
    2. Claudia A Reis
    2 lawyer answers

    While New Jersey is an at-will employment state meaning you can be fired for any reason or no reason at all, you cannot be fired for an unlawful reason. Specifically, the law protects employees from discrimination, harassment or retaliation because of their service in the armed forces. This means that if your husband's now-boss is discriminating against your husband because he takes days off to serve, that boss/employer may be violating the law. One way to show discrimination is to show that...

    1 lawyer agreed with this answer

  4. I work for a company for 8 yrs and the supervisor took my overtime away for no reason and gave it to another worker is it legal

    Answered 7 months ago.

    1. Fred S Shahrooz-Scampato
    2. Claudia A Reis
    3. William J Popovich
    4. Jonathan R. Miller
    4 lawyer answers

    If the employer took away your overtime for "no reason", you may not have a claim unless (i) there are contractual provisions (such as a handbook or written policy) that explain how overtime is assigned and the manner of assigning it does not comply with those contractual provisions, or (ii) the employer took it away from you and is giving it to someone else because you are a member of a protected class (the most common protected classes are race, gender, disability, age, pregnancy (or because...

    1 lawyer agreed with this answer

  5. It is lawful terminate employee that notified company need of a major surgery while out of the country on bereavement leave?

    Answered 7 months ago.

    1. Claudia A Reis
    2. Peter Joseph Lamont
    2 lawyer answers

    If your employer has 50 or more employees, you are entitled to 12 weeks unpaid leave to care for your own serious medical condition under the FMLA (the Family Medical Leave Act). Even if your employer does not have 50 or more employees, it cannot fire you because you requested the reasonable accommodation of time off to care for or recover from your medical condition and/or treatment. You should definitely speak with a New Jersey employment attorney if you worked in NJ because you may have a...

    1 lawyer agreed with this answer

  6. I quit my Job on Feb 7th this year and gave my employer a 2 weeks proper notice. can my employer hold my pay?

    Answered 7 months ago.

    1. Fred S Shahrooz-Scampato
    2. Claudia A Reis
    3. Randy Jay Harvey
    3 lawyer answers

    The New Jersey Wage Payment Law requires that employers pay departing employees (regardless of why they left -- i.e., termination or quit, lay-off, or resignation) all wages owed to that employee no later than the next regularly scheduled payday from the date of separation. If, however, the employer disputes that you are owed any portion of that pay, it need only pay you the portion/amount not in dispute while a determination is made about the remaining amount.

    1 lawyer agreed with this answer

  7. I have a contract with my employer that outlines a bonus plan. When they paid the bonus they underpaid all of the employees.

    Answered 7 months ago.

    1. Charles V. Curley
    2. Claudia A Reis
    3. Christopher Edward Ezold
    3 lawyer answers

    While employees are not legally entitled to discretionary bonuses or any bonuses that have not yet vested, they are entitled to bonuses that have vested (meaning the bonus has already been earned). If the terms of how the bonus is earned/vested is sufficiently clear, and the conditions precedent have been met (meaning whatever targets were set were hit) the employer is contractually and statutorily obligated to make the payment, and if it fails to do so, any affected employees would have a...

    1 lawyer agreed with this answer

  8. I was out on medical leave my original paperwork kept me out from 9/19/13 to 12/ 19/13 my company never sent any notice

    Answered 7 months ago.

    1. Claudia A Reis
    2. Colin M Page
    3. Joseph E Maloney
    3 lawyer answers

    Although more information is necessary, you may have a claim for disability discrimination or retaliation for taking and requesting leave under either the State's Law Against Discrimination or the Family Medical Leave Act if the employer has 50 or more employees. If the leave was provided pursuant to the FMLA, the employer was obligated to tell you of your obligations under the law including advising you of the date by which you must return to work. You should absolutely speaking with a New...

    1 person marked this answer as helpful

  9. My son fractured his ankle and was unable to work. Employer said he would do him a favor and lay him off instead of disability

    Answered 7 months ago.

    1. Claudia A Reis
    1 lawyer answer

    Your son should call a New Jersey employment lawyer because he may have a claim for disability discrimination and an FMLA violation if the employer had fifty or more employees.

    1 person marked this answer as helpful

  10. My doctor put me on medical leave until further notice. My employer fired me.

    Answered 13 days ago.

    1. Colin M Page
    2. Elizabeth Tandy Foster
    3. Claudia A Reis
    4. Christopher Edward Ezold
    4 lawyer answers

    New Jersey's Law Against Discrimination requires that employers provide you with reasonable accommodations of your disability (medical condition), which accommodations may include leaves of absence or time away from work to seek and obtain treatment or recover from a medical condition. That means that even if your employer does not have 50 employees, you may still be entitled to leave. Whether or not you are entitled to leave, however, requires some discussion about your illness, expected...

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