A Capehart Scatchard Blog

Legal Alert: New Form I-9

By on August 30, 2017 in Legal Alerts with 0 Comments

Employers– get ready! The deadline as to when the new Form I-9 must be used is quickly approaching.  In case you are not aware, employers are required to use the Form I-9 to verify the identity and employment authorization of people hired for employment in the United States.  In July 2017, the US Citizenship and […]

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Defending Discrimination Claims in Regards to the Hiring Process

By on August 16, 2017 in Discrimination with 0 Comments

Hiring new employees tends to be tricky for employers because there are so many employment laws that must be abided by in regards to the hiring process.   Often applicants who have interviewed for the open position, but are not hired, feel disappointed and rejected. It is always possible that the applicant may claim that he/she […]

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The Importance of Supervisor Training

By on August 2, 2017 in Court Rulings with 0 Comments

Time and time again, employment law attorneys remind their clients of the importance of making sure your supervisors are trained to supervise properly.  Supervisors not only need to be continuously trained in how to properly interact with their subordinates and deal with disciplinary issues, but also on their roles in the application of the company’s […]

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Court Holds that Woman Diagnosed with Cancer Has Not Established that She is Disabled under the ADA

By on June 6, 2017 in Policy with 0 Comments

If an employee came to her employer and advised that she had been diagnosed with cancer, wouldn’t you automatically assume that the employee falls with the definition of “disabled” under the Americans with Disabilities Act (“ADA”) due to the diagnosis alone? Not so fast.  In a recent Third Circuit case, Alston v. Park Pleasant, Inc., […]

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The FMLA and the “Honest Belief” Defense

By on May 24, 2017 in FMLA with 0 Comments

Federal courts have upheld a defense to a Family and Medical Leave Act (“FMLA”) retaliation claim called the “honest belief” defense. The “honest belief” defense means that “where an employer provides evidence that the reason for the adverse employment action taken by the employer was an honest belief that the employee was misusing FMLA leave, […]

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One Click Can Seal The Deal

By on April 4, 2017 in Court Rulings with 0 Comments

A popular argument that employees make regarding employer/employee agreements is that the employee should not be held to the terms of the agreement because the employee signed the agreement without actually reading the terms.  In a different twist, two employees claimed in a February 2017 case before the Third Circuit Court of Appeals, ADP, LLC […]

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Is Your Employee’s Waiver of a Statutory or Constitutional Right Enforceable?

By on March 23, 2017 in Employee Rights with 0 Comments

In the Winter of 2016, the New Jersey Appellate Division made a significant change to employment law in New Jersey when the Court held that without a clear and unambiguous waiver of the right to sue, an employee cannot be forced to arbitrate employment claims (meaning that generally, arbitration agreements found in employee handbooks cannot […]

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Legal Alert: Jury Reminds Employers that Age Discrimination is No Joking Matter

By on January 31, 2017 in Discrimination with 0 Comments

On January 26, 2017, after analyzing four days of trial testimony, a jury in the Federal District Court of New Jersey issued a verdict that Lockheed Martin (“Lockheed”) must pay $51.5 million to a Plaintiff in an age discrimination lawsuit. The lawsuit, alleging violations of the Age Discrimination in Employment Act (“ADEA”) and the New […]

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Is a Job Duty Reassignment Considered an Adverse Employment Action?

By on January 24, 2017 in Court Rulings with 0 Comments

Employers occasionally find themselves in a situation where they must reassign an employee to a different shift or a different duty assignment due to staffing needs or some other legitimate business reason.  Although the reassignment is usually lawful when it can be supported by legitimate business reasons, a disgruntled employee may claim that the reassignment […]

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Termination for Failure to Receive a Flu Shot – Is this Religious Discrimination?

By on November 28, 2016 in Discrimination with 0 Comments

Now that Thanksgiving is over, flu season is in full swing.  Although it would not occur to most employers that requiring employees to receive a flu shot would cause legal problems, recent cases from Pennsylvania show that such a requirement may be problematic. In September 2016, the U.S. Equal Employment opportunity Commission (“EEOC”) filed suit […]

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