New Jersey employee psychological testing and psychological appeals

New Jersey employee psychological testing and psychological appeals

If you are attempting to get a job with the state, you may be removed from the civil service list due to mental health issues and your failure to pass the appropriate test. You may receive a notice that says “Your name was removed from this list because you do not meet the psychological and/or psychiatric standards”. While you have the right to appeal, you have to move quickly. Our office has a long history of helping state employees and applicants for employment with the state win
psychological appeals. If you already have a state job, you may be subject to major discipline for inability to perform duties due to psychological testing. In other words, you likely failed a fitness for duty test.

First, it is important to note that your employer cannot just order a test because they feel like it. In re Vey, 124 N.J. 534, 541 (1991), identifies the steps required to validate psychological testing in the workplace: (1) “the employer must specify the trait or characteristic that the selection device is being used to identify or measure”; (2) “the employer must establish that the particular trait or characteristic is an important element of work behavior”; (3) “the employer must
`demonstrate by professionally acceptable methods that the selection device is predictive of or significantly correlated with the element of work behavior identified in the second step.'” Ibid. If any of that criteria is missing, you will have a great defense. Of course, that does not mean that your defense are limited to that standard since most defense are not. That’s just one of the first things that we look at.

Quite often, the primary defense is attacking the test results. We do this a number of ways from attacking the methods, the person administering the testing, the report submitted or by hiring our own expert who opposes the State’s expert or even some combination of these defenses. No matter what the facts of your case are, rest assured that we will use our experience to help win your psychological appeal. Call us at 1-855-9-JEFLAW to discuss.

N.J.A.C. 4A:2-2.3(a)(3) Inability to perform duties Defense Lawyers

N.J.A.C. 4A:2-2.3(a)(3) Inability to perform duties Defense Lawyers

N.J.A.C. 4A:2-2.3(a)(3) subjects an employee to discipline for insubordination for an inability to perform duties. There are some common scenarios that present themselves in these cases, such as psychical issue and mental health issues. Where there is a mental health issue, the employee may be subject to psychological testing. If the employee fails that, they can initiate an appeal. That topic is covered in more detail in another post. If there is another issue such as a physical
disability, there are limitations in what the employer can due. Under the LAD, an employer must reasonably accommodate an employee’s disability, Tynan v. Vicinage 13 of the Super. Ct. of N.J., 351 N.J.Super. 385, 396 (App.Div.2002) and the related limitations of an employee. This is of course “unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of its business.” Id. at 397 (citing N.J.A.C. 13:13-2.5(b)). The duty to accommodate an employee with a disability “extends only so far as necessary to allow `a disabled employee to perform the essential functions of his job.'” Ibid. (quoting Vande Zande v. State of Wis. Dept. of Admin., 851 F.Supp. 353, 362 (W.D.Wis. 1994), aff’d, 44 F.3d 538 (7th Cir.1995)).

Thus, the fight may be over the disability itself as well as the accommodation offered by the employer. Don’t get bullied around by your employer. If you have been accused of having an inability to perform duties pursuant to N.J.A.C. 4A:2-2.3(a)(3) to protect your rights. You can call us any time at 1-855-9-JEFLAW to discuss your case for free.

N.J.A.C. 4A:2-2.3(a)(2) Insubordination Defense Lawyers

N.J.A.C. 4A:2-2.3(a)(2) Insubordination Defense Lawyers

N.J.A.C. 4A:2-2.3(a)(2) subjects an employee to discipline for insubordination. These cases are quite interesting to handle from the perspective of a lawyer because insubordination lacks a precise definition. Thus, besides debating whether the state employee actually engaged in the conduct that is alleged to have occurred, there is also a debate about whether that conduct, if proven, would rise to the level of insubordination. A skilled lawyer can turn this potential negative into an
advantage by making a number of legal arguments to attack the charge itself based upon this lack of definition. Putting that issue aside, a strong defense is still the best defense and that starts with a call to an experienced defense lawyer right away. See, anything you do or say can be used against you and you don’t want to lose your case before you even start it. Let us protect you by calling us before you start anything. We will let everyone know we represent you and we will start
building your defense from day one.

Call us at 1-855-9-JEFLAW to discuss your case and how we can help you.

N.J.A.C. 4A:2-2.3(a)(1) Incompetency Defense Lawyers

N.J.A.C. 4A:2-2.3(a)(1) Incompetency Defense Lawyers

N.J.A.C. 4A:2-2.3(a)(1) subjects an employee to discipline for incompetency, inefficiency or failure to perform duties. This can have serious consequences on your career that can result in suspension. termination and removal from civil service lists. Your best defense is to talk to a lawyer right way. Anything you do or say could be used against you. Thus, even though you have the right to a hearing and then an appeal, you don’t want your own words coming back to haunt you. If you are
facing discipline for incompetency, inefficiency or failure to perform duties call our team of tough, smart defense lawyers at 1-855-9-JEFLAW to discuss your case.
There is no consultation charge or obligation. We have a long track record of fighting for state employees. Put our experience to work from you. We’ll start building your defense to these charges from day one.

Conduct unbecoming a public employee, N.J.A.C. 4A:2-2.3(a)(6)

Conduct unbecoming a public employee, N.J.A.C. 4A:2-2.3(a)(6)

Conduct unbecoming a public employee is an administrative, catch-all disciplinary cause of action in New Jersey.  If you receive a Preliminary Notice of Disciplinary Action related to this or any other cause, you should call a lawyer right away.  You have rights to a hearing and if you are not satisfied with the result of that hearing, you have the right to appeal.  Civil Services hearings and appeals in New Jersey can be tricky but our team of tough, smart lawyer know how to get the job done.

For example, conduct unbecoming a public employee, which is probably most often seen as conduct unbecoming of an (police or other law enforcement) officer does not have a precise definition.  For instance, in In re Emmons, 63N.J. Super. 136, 164 A.2d 184 (1960), the Appellate Division confronted the issue whether an off-duty police officer’s refusal to cooperate and to submit to a sobriety test following an automobile accident constituted “conduct unbecoming an officer.” 140, 164 A.2d 184. The court observed that “[t]he phrase is an elastic one,” that “has been defined as `any conduct which adversely affects the morale or efficiency of the bureau … [or] which has a tendency to destroy public respect for municipal employees and confidence in the operation of municipal services.'” Ibid. (quoting In re Zeber, 398 Pa. 35, 156 A.2d 821, 825 (1959)).

No matter what the facts are in your case, our team of tough, smart lawyers will fight for you.  We know how to put together a tough defense and our track record has proven it.  Call us at 1-855-9-JEFLAW to discuss your case with us.

Cumberland County Endangering the Welfare of a Disabled Person Lawyers

Cumberland County Endangering the Welfare of a Disabled Person Lawyers

Endangering the Welfare of a Disabled Person is one of those crimes that is serious, but rarely used.  When it is used, it may catch most criminal defense lawyers off guard because they may not even know that it is on the books.  Out team of tough, smart defense lawyers have the experience necessary in handling these cases.  We’ve handled criminal cases, Adult Protective Services investigations and Danielle’s Law violations. When it comes to allegations of abuse of a disabled person, we’ve got you covered.

This is also one of those laws that probably had great intentions.  Disabled people are vulnerable and they need extra protection from abuse.  However, some laws, such as this one go way to far and ensnare innocent people that were just trying to do the right thing.  If you are reading this because you are facing these charges, then I’m sure you know what I’m talking about.  The State’s going to try to paint a picture of you and your actions and we need to be able to paint a much better one; the one that shows the truth:  you are a good person that was trying to do the right thing.  Even if you did make a mistake, that’s a civil or administraitve issue, not a criminal one.

Call us today at 1-855-9-JEFLAW to discuss your Cumberland County criminal case and how we can help you.

Endangering the welfare of a disabled person or elderly person, 2C:24-8

2C:24-8. Endangering welfare of elderly or disabled person

In New Jersey, endangering the welfare of an elderly person or a disabled person is a rarely used offense, but it is still serious nevertheless.  The statute is also rather controversial as it criminalizes actions that may be usually handled in civil cases. For most criminal cases, someone has a guilty mind in addition to the guilty act.  In other words, most crimes do not involve mistakes.  However, this statute does criminalize mistakes which in the legal field is called neglect.

As a result, a strong defense is needed here.  In front of a jury, the State will play up how this vulnerable person was injured by the Defendant’s actions or inaction whereas the Defense will demonstrate that the Defendant did the best that they could and that other factors led to injury.  Our team of tough, smart defense lawyers know how to put a proper defense together to achieve the best results.  Call us at 1-855-9-JEFLAW to discuss your case today.

The statute reads:

a. A person having a legal duty to care for or who has assumed continuing responsibility for the care of a person 60 years of age or older or a disabled adult, who abandons the elderly person or disabled adult or unreasonably neglects to do or fails to permit to be done any act necessary for the physical or mental health of the elderly person or disabled adult, is guilty of a crime of the third degree. For purposes of this section “abandon” means the willful desertion or forsaking of an elderly person or disabled adult.

b. A person shall not be considered to commit an offense under this section for the sole reason that he provides or permits to be provided nonmedical remedial treatment by spiritual means through prayer alone in lieu of medical care, in accordance with the tenets and practices of the elderly person’s or disabled adult’s established religious tradition, to an elderly person or disabled adult to whom he has a legal duty to care for or has assumed responsibility for the care of.

Atlantic County Emancipation Attorney

Atlantic County Emancipation Motion

If you want to end your child support, you have to file a motion for emancipation.  Child support doesn’t just end.  If the other parent has filed a motion for emancipate the child, you have to fight it if you don’t want child support to end.  No matter what you are looking to do, when it comes to emancipation, our team of tough, smart child support lawyers can help you.  The Atlantic County family court is located in Atlantic City.  Our lawyers are there frequently fighting for clients with all types of family court matters such as child support and emancipation motions.  We know how to develop hard hitting strategies to achieve the results you are looking for.

Our initial consultations are free and they can be done in person or over the phone which is especially helpful for those of you living out of state.  Call us at 1-855-9-JEFLAW to discuss your case today.

Passaic County Emancipation Attorney

Passaic County Emancipation Attorney

Emancipation is the process by which you end your New Jersey child support obligation. Like many things in law, nothing is black and white. In other words, these motions are not easy. There are many loopholes on either side. Thus, you should have an experienced emancipation attorney handle the motion for you. Our team of tough, smart Passiac County emancipation lawyers have helped many clients win their emancipation motions for years.

Fortunately for you, these cases don’t usually cost a lot of money. Our attorneys are aggressive yet affordable and our consultations are free. If your child is at least 18 years old, you should at least discuss your case with an attorney. Child support will not just end on its own. You have to file a motion.

Call us at 1-855-9-JEFLAW to discuss your case. Our Clifton office is just minutes from the Passaic County Superior Court.

Middlesex County Emancipation Lawyers

Middlesex County Emancipation Lawyers

In New Jersey, child support doesn’t just end. If you don’t file a motion for emancipation, your child support will continue forever. If your child is at least 18 years old, you should talk to a lawyer about filing a motion for emancipation. Our team of tough, smart lawyers will fight for you in Middlesex County Family Court. We file hard hitting motions to make sure your child support ends. We have helped many clients end their child support. Even if your child is still in college, you can still file a motion to emancipate them.

Our initial consultations are free and we have three offices in Middlesex County (Woodbridge, East Brunswick and Piscataway). Call us anytime at 1-855-9-JEFLAW to discuss your case.


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