A:         The New Jersey Law Against Discrimination prohibits employers from discriminating in any employment related action, including recruitment, interviewing, hiring, promotions, discharge, compensation and the terms, conditions and privileges of employment on the basis of any of the law’s specified protected categories. These protected categories are: race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy and sexual harassment), marital status, domestic partnership status, affectional or sexual orientation, atypical hereditary cellular or blood trait, genetic information liability for military service, or mental or physical disability, including AIDS and HIV related illnesses. The New Jersey Law Against Discrimination prohibits intentional discrimination based on any of these characteristics.

Q:        What can I do if I believe my rights have been violated under the New Jersey Law Against Discrimination?

A:         You may file a complaint in the Law Division of the Superior Court of New Jersey within two years of the alleged violation.  Alternatively, you may file a complaint with the New Jersey Division on Civil Rights within 180 days of the date of the alleged violation.  Please contact us today to determine which course of action is best for you.

Q:        I work in Pennsylvania, what does the Pennsylvania Human Relations Act prohibit?

A:         The Pennsylvania Human Relations Act prohibits discrimination in employment on the bases of race, sex, age, religion, national origin, disability, or other protected class.

Q:        What can I do if I believe my rights have been violated under the Pennsylvania Human Relations Act?

A:         You must file a complaint with the Pennsylvania Human Relations Commission within 180 days from the date of the alleged act of harm.

Q:        Are there other laws that may protect me?

A:         There are a number of state and federal laws that apply to individual employees and the employer-employee relationship.  Please contact us today to discuss your unique situation to know your rights.

A personal injury action against the State of New Jersey, a state agency or a municipality may be forever barred if you fail to notify the State, state agency or municipality who is at fault for your injuries within 90 days of the incident. (There is a similar requirement in Pennsylvania as well)  In New Jersey, you may not be able to file a complaint against a public entity  if you fail to provide notice. The New Jersey Torts Claim Act, codified at N.J.S.A. 59:8-4, was enacted to provide a public entity “with sufficient information to enable it promptly to evaluate its liability and potential exposure and, if it chooses, to correct a defective condition and also to engage in settlement negotiations prior to the commencement of suit.” Henderson v. Herman, 373 N.J. Super. 625, 634 (App. Div. 2004)(quoting Newberry v. Township of Pemberton, 319 N.J. Super. 671, 675 (App. Div. 1999). See also Beauchamp v. Amedio, 164 N.J. 111, 121-22 (2000).

The Torts Claims Act, states that a notice of claim must be provided to the public entity within ninety days following the accrual of the cause of action. (See N.J.S.A. 59:8-8). The accrual date is the date in which the accident that causes injury occurs. Beauchamp v. Amedio, 164 N.J. 111, 123 (2000). The accrual date can be tolled  in limited circumstances. “Tolled” means that the accrual date is put on hold. For instance, the accrual date can be tolled if the injured party does not know that he or she was injured or that a specific third party is responsible for those injuries. Id.

A notice of claim form for the State of New Jersey can be found on the state’s website. It simply asks for information about the person who was injured, how those injuries occurred and the injuries sustained Oftentimes, municipalities have specific forms that are available by request only. Although the notice of claim form appears to be self explanatory, your rights will be best served by having an attorney to help in filling out the notice of claim form and to follow up, possibly negotiate a settlement and/or file a complaint on your behalf.

Although there are certain exceptions that allow a claimant to file a late notice of tort claim, (only with permission by the court), if you are injured and you believe that injury is caused in whole or in part by a state agency, it is important that you seek legal counsel as soon as possible.  If you sit on your rights you may not be able to file a lawsuit against the state agency who is responsible for your injuries. Kamensky Cohen has obtained substantial settlements from state agencies for injuries caused to our clients. If our clients had not sought legal counsel as soon as possible, those settlements may not have been possible.

While businesses continue to invite you to their stores to shop, and while there, present you with advertising and displays designed to distract you, they are leaving you vulnerable to dangerous conditions when they fail to adequately maintain their property. Some of the situations leading to injurious fall-downs that our firm has encountered are:

1. Improperly constructed/maintained handicap ramps.
2. Improperly constructed/maintained stairways.
3. Poor lighting in dark areas.
4. Holes, deep cracks, potholes and improperly designed walkways in parking lots, especially in high traffic areas where the public may be carrying packages blocking their view.
5. Poorly maintained sidewalks, stairwells and walkways in residential rental communities.
6. Spills in stores
7. Poor snow and ice removal in residential and commercial parking lots and walkways.

These are only a few of the many problems that are becoming more and more common as businesses and individuals fail to allocate their resources towards safety and precaution in tough economic times.

Kamensky Cohen has represented people with injuries arising from trip/slip and falls ranging from broken bones to severely impaired vision, and even brain damage resulting in cognitive difficulties.   If you fall and hurt yourself, the first thing to do, of course, is to get medical assistance to be certain that your injuries, if any, are properly attended to.  If you think your fall may have been the consequences of the negligence of another in maintaining their property properly, you may have a reason to pursue damages for the injuries that you have suffered.

It is extremely important that you contact competent counsel as soon as possible so that photographs and measurements can be taken of the area that caused the problem.  Even if you are uncertain of the nature and extent of your injuries, do not delay in seeking legal counsel as a delay in undertaking the proper investigation at the site where you fell can be damaging, if not devastating, to your any claims you may eventually have.  If you wait too long and the problem area has been repaired by the time the investigation is conducted, there will be little evidence of the original negligence that precipitated your fall.  Photographs and measurements, properly taken will be of great assistance in pursuing your claims should you decide to do so.

Kamensky Cohen & Associates knows and will take the necessary steps to conduct a proper investigation as soon as we are contacted for injuries sustained as a result of slip/trip and falls.  With the right representation, you are assured of your rights!

A:         The best way to avoid having discrimination charges filed against you is to know the law and not to discriminate. Having sound policies and procedures and applying them equally will go a long way to prevent a complaint from being filed against you.

Q:        What accommodations do I have to make for a disabled employee or for an employee’s religious beliefs?

A:         All “reasonable” accommodations.  What is reasonable is determined on a case-by-case basis.

Q:        My employee handbook is ten years old, should it be updated?

A:         The law is ever changing with each new case.  It is recommended to conduct an annual assessment of employer anti-discrimination and discipline policies.

Q:        Must my New Jersey company post any notices?

A:         Yes.  It is necessary to ensure that all worksites properly post the Employment, Family Leave Act, and Public Accommodations posters as required under New Jersey law. Failure to do so will subject an employer to a fine of up to $10,000 for a first offense.

Contact Kamensky Cohen today to arrange for an appointment to discuss these, and any other employment related issues.  A short and inexpensive appointment will provide you with the answers to many questions that could save you thousands of dollars and provide a safe and happy environment at your workplace.

So what exactly is official misconduct? In a nutshell, the official misconduct statute, N.J.S.A. 2C:30-2, is an extremely broad statute that allows the State to prosecute public officials for various acts of misconduct in office. Most surprisingly, a public official can be charged with official misconduct even in situations where the alleged misconduct does not violate any laws. In essence, any violation of work policy could expose a public servant to charges of official misconduct.

To make matters worse, if you are charged with official misconduct and the State alleges that in committing the so-called misconduct, you received a benefit that either has no monetary value, or has a monetary value over $200.00, then you will likely be charged with second degree official misconduct – a charge that carries a penalty of no less than five years in prison. Furthermore, if you are charged with committing official misconduct on more than one occasion, the State may even charge you with committing a so-called “Crime or Pattern of Official Misconduct,” in violation of N.J.S.A. 2C:30-7.

Confused? You’re not alone. Recent Appellate and Law Division Opinions have wrestled with the vast breadth of the Official Misconduct statute. In fact, in 2008, the Appellate Division in State v. Thompson, et al, tried to explain the reach of the statute’s two subsections, noting that while subsection “a” did not require the commission of a crime to be held valid, subsection “b” did. Unfortunately, though the Thompson Court’s Opinion helped to curtail the reach of subsection “b” violations, it did very little to explain or rectify the breadth of subsection “a”. Thus, notwithstanding the Thompson decision, the official misconduct statute continues to confuse New Jersey citizens and attorneys alike.

If you or a loved one has been charged with Official Misconduct, it is crucial that you retain an aggressive attorney who understands the official misconduct statute and its current treatment by the Court. The Attorneys at the Law Offices of Kamensky Cohen & Associates have been providing aggressive legal representation for over thirty-five years. For a free consultation with one of our attorneys, please call Kamensky Cohen & Associates at 609) 394-8585.

Despite obvious issues with privacy concerns, a court in India has required employees claiming emotional distress in a sexual harassment case to provide any entries that the employees’ posted on their social networking sites (SNS), such as Facebook and MySpace, regarding their emotional state.  EEOC v. Simply Storage Management LLC. (S.D. Ind.) Case No. 1:09-cv-1223.

While the content disclosed by an employee must be proven relevant to the case at hand, this decision is troubling for any employee pursuing a sexual harassment claim.  In part, the court determined that “the appropriate scope of relevance is any profiles, postings, or messages (including status updates, wall comments, causes joined, groups joined, activity streams, blog entries) and SNS applications for claimants . . . that reveal, refer, or relate to any emotion, feeling, or mental state, as well as communications that reveal, refer, or relate to events that could reasonably be expected to produce a significant emotion, feeling, or mental state.”

While EEOC v. Simply Storage Management LLC is not binding law in New Jersey and Pennsylvania, it raises an important issue.  If you are considering or currently pursuing a claim, be aware that your employer may attempt to gain access to your SNS content.

Your attorney will begin the litigation process by filing a formal Claim Petition. Once the claim is filed, the process of accumulating the records from the treating doctors begins. Pursuant to the laws of New Jersey, your employer will provide all records in their possession to your attorney free of charge. Once all of the records are received, they will be sent to a neutral doctor who will perform an evaluation to determine your degree of permanent disability. In addition, your employer will also require that you attend a physical or mental examination with a physician of their choice for an estimation of disability.

Once the separate reports are received, the negotiation process begins and each party’s respective positions as to permanent disability are presented to the Judge of Compensation. He or she will review these reports and make a recommendation as to the percentage of the disability. If the parties agree with the Court’s determination, the matter is scheduled for a date in which the Court can formally approve the settlement. In New Jersey law, all workers’ compensation settlements must be approved by a Judge of Compensation in open court. If the parties cannot agree on a settlement, a formal trial will be conducted at which time testimony of witnesses will be heard. At the conclusion of all of the testimony, the Judge will deliver a decision regarding permanent disability, which is binding on all parties.

As always, if you have any questions, please do not hesitate to contact us at Kamensky Cohen for assistance with all of your Workers’ Compensation questions.

For more information, please visit http://kc-law.net

It is important to know the current state of Pennsylvania law or the efforts to incorporate or form a limited liability company may be worthless if a court “pierces the corporate veil.”  At Kamensky Cohen & Associates, we can counsel you on the current state of Pennsylvania law in connection with “piercing the corporate veil” and other corporate issues.  Please contact us today.  We look forward to speaking with you.

For more information, please visit http://kc-law.net

The first case involves a business that was served with papers naming them as defendants in a lawsuit.  The manner in which the business was conducted apparently left a gaping hole for the transfer of documents from the day-to-day operations of the business to the management of the company.  On several occasions papers involving the lawsuit failed to reach management which resulted in a default judgment in an amount in excess of $1 million.  The most salient factor about this case is that, had our clients responded initially, there was no likelihood that the plaintiffs would have had any recovery against our clients and the cost of representing them would have been about one tenth of what it will cost them to dig them out of the hole they are in.  We are now involved in an expensive battle to vacate that judgment which is certainly not a sure thing.  The lesson   —  whether you are a business or an individual it is your responsibility to see to it that legal documents received by you are reviewed by a competent attorney and a determination made as to what is necessary in order to protect your interests.  The cost of that review is minimal, especially when compared to the losses that can be encountered if you fail to respond.

Approximately 2 weeks after we began work on the above matter a similar case came to us from our forwarding counsel in Australia.  The client is a sophisticated world businessman with interests in the United States, Europe and the Middle East.  This client has had his Real Estate (valued in excess of  $2 million) seized by an individual that he believed was his managing agent at that property.  The short version of what had occurred is a business associate of our client was installed in the U.S. to manage his business interests at a particular horse location used for the training of race horses.  The business associate filed a lawsuit making fraudulent claims and then intercepted all of the legal documents. As a result a judgment was obtained and a sheriff’s sale resulted in the sale of the property to the same individual who engaged in the fraudulent activity.  This case is pending before the courts, with a lis pendens placed on the property by our offices which will protect the property from being conveyed to any innocent third party while we conclude our fraud claims against the former perpetrator of the fraud.  The lesson—you must have trustworthy people reviewing your mail and acting on your behalf.  It is recommended that more than one person be involved in the receipt and review of mail. There is no sure way to protect against fraud but checks and balances will help.  Call us if you need assistance protecting your business, whether before or after the disaster occurs.

For more information, please visit http://kc-law.net

New Jersey law presently allows for two types of claims that can be brought when dealing with a fatality resulting from the negligent conduct of another.  They are the Wrongful Death and Survival Actions and they differ significantly as to the damages that can be recovered, the beneficiaries of the compensation, and the legal representative that can bring the claim.

Survival Action claims are brought for the damages that are sustained by the decedent from the onset of the injury caused by the negligent act (a tort) to the decedent’s death.  Generally, these damages consist of conscious pain and suffering claims, funeral expenses, medical bills, and lost wages that accrue between the time of injury and death.  Since these damages are damages that the decedent sustained, these damages will “pass through” the decedent’s estate.  This means that the only person with the legal capacity to bring a suit for the Survival Action is the Administrator or Executor of the Estate. The beneficiaries of the Estate’s recovery for a Survival Action will be limited to the heirs of the Estate whether named in a will or, if there is no will, determined by the laws of intestacy.

Wrongful Death claims are designed by our laws to compensate, in part, the people that sustained economic losses from the death of a loved one.  The emotional anguish and consequences of sustaining a tragic loss of a family member are not recoverable pursuant to the limitations of the laws of New Jersey.  Only the pecuniary losses are recoverable, which are the monetary value of the losses that the decedent may have provided or been expected to provide to the survivors.  These are specified as such things as financial support, advice, household services, guidance, care, companionship and comfort.

These pecuniary losses are determined to have a financial value, which can be awarded by the jury in a trial involving the death of another.  The courts are required to instruct the jury that they are not to award for the emotional component of the losses, only the financial value of the losses.  Courts will instruct a jury that they are not to consider the emotional satisfaction that would have been provided had the decedent lived, such as seeing a daughter walk down the aisle on her wedding day or the inability to hug a child.  These are the limitations that New Jersey law imposes on the potential recovery in a wrongful death action.

Kamensky Cohen is presently involved in several wrongful death claims that differ vastly in the amounts that can be recovered.  An example is a case involving a mother struck by a car who died instantly.  As there was no conscious pain and suffering due to the instantaneous death, and the woman did not work outside her home, the recovery is limited to the amount that a jury would award for the loss of advice, household services, guidance, care, companionship and comfort that might have been available to those entitled to receive those elements of damages in the remaining lifetime.  Our jury verdict research coupled with years of experience handling these matters, tells us that these cases are resolved for low six figure amounts.  If, however, the mother in question suffers for hours or days before her death and/or has had substantial earnings with a long remaining work life expectancy the damages that are recoverable could be in the millions.  While this does not seem fair or just to the survivors of such a tragic loss, this is New Jersey law as it presently stands, seeming to favor only those losses that can be quantified by economics.  While it is understood that no money can compensate for the emotional loss of a loved one, it is equally difficult to understand the legislators thinking in these arbitrary standards as to what “loss” is and what kinds of “value” to place upon it.

In any case, should your family face the tragedy of the loss of a loved one due to negligence of another, seek experienced legal advice and representation.  A good lawyer can help your family recover damages and, to the extent that it can ever be, help you address your grievances.

For more information please visit http://kc-law.net