Often in disciplinary actions the employer will propose, as part of a settlement to resolve administrative charges, that the employee sign a last chance agreement (“LCA”). An LCA is an agreement between an employer and an employee that is generally supposed to result in an employee’s immediate termination if they violate the terms of the
In James Meyers v. State Health Benefits Commission, (New Jersey Supreme Court Slip Opinion A-27-22) (087633) the New Jersey Supreme Court examined a New Jersey public employee’s right to “free” retiree health benefits under the legal doctrine of Equitable Estoppel. In this matter, James Meyers, was a New Jersey State Trooper that had since retired
In a recently issued ruling by New Jersey’s Appellate Division, the Court upheld an earlier ruling by a superior court judge holding that an officer did not commit “willful misconduct” under New Jersey’s Tort Claims Act when he engaged in a pursuit of a vehicle after the driver pulled away from a traffic stop. The
Most recently the new Jersey Superior Court, Appellate Division issued a decision in the matter of Behar v. Board of Trustees, Public Employees Retirement System, Docket Number A-0296-22, that discusses the very real pitfalls of post-retirement employment for public employees in
For those of you in the know, it comes as no shock that the Licensing of sworn law enforcement officers in the State of New Jersey began on January 1, 2024. Now that the licensing implementation date has passed, with the exception of a very few, the vast majority of Patrol Officers, Sheriff’s Officers, Correctional
Both the federal Family Medical Leave Act (FMLA) and New Jersey’s Family Leave Act (FLA) provide that an employer may adopt a policy requiring an employee to exhaust accrued paid leave during periods of FMLA/ FLA leave. In these situations, an employee would have to simultaneously utilize paid leave during periods of FMLA/ FLA leave
Our office receives daily telephone calls and emails from New Jersey public employees who have either been injured at work, or are experiencing an unfortunate medical episode that leaves them with the inability to continue public employment. While each call has unique facts and circumstances, they are very much the same in that the individual
The COVID-19 pandemic has taken hold of our lives and has undoubtedly had an impact on First Responders from both a personal and professional standpoint. Over the past several weeks, our firm’s attorneys have had the unique perspective of witnessing individual administrators from across the State of New Jersey exhibit fantastic leadership qualities, while other
Despite the constant influx of novel legal issues caused by the COVID-19 crisis, the New Jersey Appellate Division is still busy at work rendering decisions on all aspects of the law, including those related to labor and employment. Case in point: M.R. v. Board. of Trustees (PERS), No. A-6015-17T4, 2020 N.J. Super. Unpub. LEXIS
As announced at the White House Press Briefing on the evening of April 8, 2020, yesterday, the Center for Disease Control has modified their guidelines for First Responders that may have been exposed to individuals infected with COVID-19. The new guidelines that were most recently posted on the CDC’s Website are meant to assist agencies