UNEMPLOYMENT:

1. What is it? Unemployment benefits are taxes levied by the state to fund the unemployment compensation program. An employer cannot ask an employee to waive or release an employee's right to unemployment. Such a request is considered "mull and void" and "contrary to public policy." An employer who terminates an employee who refused to give up their rights may have a claim of wrongful termination against the employer.
2. When do I qualify? If you are terminated from employment due to no reason or reasons such as a Reduction in Force (commonly a RIF), financial issues with the company, or simply that the employer does not value your services any further, you are almost automatically qualified for unemployment. The only qualifications that must also be met are: (i) did you work for
3. What issues may cause me concern when applying for unemployment? Some issue to consider prior to applying for unemployment, which may make you ineligible for unemployment benefits are if you (a) quit your job, unless for good cause (see below), (b) retires, (c) goes on strike, (d) or is terminated for gross misconduct as committing certain types of crimes or deliberate violation of the company's rules. There are instances, however, even when an employee voluntarily leaves employment, but may still be eligible for unemployment benefits. Some instances include: (a) being a domestic violence victim, (b) reasonable and justifiable physical harm or threats of physical harm in the employment, (c) continued sexual or racial harassment, (d) or good cause shown for other reasons. You may also be qualified if you were laid off but only offered a new position of substantially less pay or if the new position requires you to locate to a new location of significant distance.
4. What do you I have to do once I qualify and start receiving unemployment? To qualify for employment benefits, you must affirm that you are able to work, available and actively seeking work. You cannot be merely looking by opening up a newspaper, posting a resume on line, or calling a few employers. This often not considered sufficient. This is an ongoing continued obligation.
5. What happens when my benefits run out? You may qualify for Emergency Unemployment Benefits. This is a federally funded program which provides up to 20 weeks of benefits to qualified individuals who previously filed a claim May 7, 2006 or later. If you are still unemployed and looking for additional work, you may qualify for an additional twenty weeks of aid, but must meet all of the following conditions: (i) You are unemployed or working part-time; (ii) You are not eligible for a new regular unemployment insurance claim; (iii) You filed a new unemployment insurance claim dated May 7, 2006 or later; (iv) You exhausted your unemployment insurance benefits or the benefit year on your claim has expired; and (v) Your had 20 base weeks or more (gross earnings of $143 or more per week) or you had earnings of at least 40 times the weekly benefit rate in your base year. If you meet these qualifications, then you may be eligible for a maximum benefit amount of 20 times the weekly benefit rate on your regular unemployment claim or 80% of the maximum benefit amount on that claim, whichever amount is less.
6. Am I disqualified if I received a severance payment? No. Receiving a post-employment severance payment does not necessarily disqualify you from receiving unemployment compensation. Your receipt and eligibility for unemployment does not start until you are no longer "on the books" or what is considered your last day of being physically at the job.

WORKERS COMPENSATION

Simply put, if you are injured either physically or psychologically, as a result of a work related accident, regardless of fault, you may be entitled to workers compensation benefits. Some simple question to ask yourself are, (i) at the time of the injury, was I working, (ii) did the injury arise out of and in the course of employment, (c) how much time did I lose, (d) was I immediately treated for my injury, (e) has the employer paid for my treatment, and (f) what is the extent of my injury and is it still effecting my ability to live a normal life?

If you are entitled to Workers compensation benefits you may qualify for (i) continued medical treatment, (b) temporary benefits while on leave from work, and (c) a monetary settlement at the end of the case.

WAGE & HOUR

New Jersey has a very strict rule pertaining to the payment of employee's wages and overtime. Unless you are exempted from this rule, you must be paid a minimum wage (currently at $7.25 as of July 24, 2009) and over time for any work performed after 40 hours in a given work week. Independent contractors are not "employees" if properly defined.

The law on overtime does not cover working on Saturday, Sunday or holidays. Instead, the over time rule applies only to work over 40 hours per week (7 days). Further, the rule does not mean that only "hourly" or wage earners are entitled to over-time, but even salaried employees (so long as not "exempt.") are entitled to overtime. It is usually presumed that salaried employees such as executive, administrative or professional are exempt.

Failure to pay an employee minimum wages may subject an employer to criminal and civil penalties (NJSA 34:11-56a24). An employer who discharges or otherwise retaliates against an employee who complains of not being paid wages, or who prepares or files with the Department of Labor a wage claim, or who testifies against the employer is a violation of the Act.

The definition of an exempt employee is one who usually meets any of the following: (i) Professional, (ii) Executive Employee, or (iii) Management employee. According to the New Jersey Wage Payment Act, at a minimum the employers are to pay wages and salaries at least twice each month. An employer may not deduct from an employee's paycheck for shortage or breakage, damages to equipment, lost supplies, or vehicle or machinery damage.

An employer who fails to pay you pursuant to the Wage & Hour Act may be sued civilly and may be entitled to (i) lost wages (unpaid), (ii) costs, and (iii) reasonable attorney's fees. You may sue an employer not only on your own behalf, but also on behalf of others the employer may have done this to as well.

PREVAILING WAGE CLAIM

The New Jersey Prevailing Wage Act was established to guide employers and protect employees for services performed on "public works projects" on behalf of a public body. The prevailing Wage Act requires the contract between the employer and public body be in writing and there must be a Prevailing Wage provision identifying the class and wage rate to be paid to the employee. The Prevailing Wage rate is established by state consumer index charts and identifies the rate by specific craft and/or title.

An employer who violates the Prevailing Wage Act (a) may be immediately removed from a project, (b) may be placed on a "barred" list of jobs, (c) subject to civil penalty, or (d) subject to a lawsuit by you and on behalf of others who have been violated, which would include all unpaid prevailing wages, costs and attorney's fees.

There is a strict 2 year limitation to file a suit against an employer for violating the Prevailing Wage Act. The 2 year provision, however, allows you to recover only those unpaid wages from the date of the filing of your claim or suit, 2 years preceding the filing date. Os if you file your clam on August 1, 2009, you will be eligible for unpaid Prevailing Wages as far back as August 1, 2009.