Archive for January, 2016
Can an Employer Fire an Injured Employee on Light Duty and Then Stop Paying Temporary Disability Benefits?
In an extension of the principle established in Cunningham v. Atlantic States Cast Iron Pipe Co., 386 N.J. Super. 423 (App. Div. 2006), the Appellate Division ruled on January 22, 2016 that an employee who was fired while on light duty was not entitled to temporary disability benefits because the firing was not related to […]
Federal Court Rejects Summary Judgment for Employer in Disability Discrimination Claim Where Employer Failed to Engage in Interactive Dialogue Until Employee Could Return to Work
Penelope Bertolotti worked for Autozone, Inc. as a Divisional Human Resources Generalist. She was hired in early 2012 and sought a leave of absence due to personal illness on October 15, 2012. She returned to work on October 29, 2012 only to request another leave of absence commencing on November 5, 2012. At first her […]
New Jersey Governor Vetoes Two Major Workers’ Compensation Bills Opposed by Employers
On Monday, January 11, 2016, Governor Chris Christie issued vetoes of two bills long supported by the petitioners’ bar in New Jersey and strongly opposed by employers and carriers. S-374/A-3403 involved legislation sponsored by attorneys for injured workers to increase their legal fees. This particular legislation was aimed at voluntary offers that employers have been […]
Plaintiff and Her Husband Could Not Sue Plaintiff’s Employer for Assault and Battery and Sexual Harassment
Rose Fonrose Louis worked at a Burger King restaurant in the Monmouth Mall in Eatontown, N.J. On August 29, 2008, Louis was working in a walk-in freezer when an assistant manager, Hany Salib, followed her into the freezer and proceeded to touch her breast and buttocks through her clothes, kissing her neck, and attempting to […]
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