Author Archives: jefhenninger
Seaside Heights Careless Driving Lawyer
Seaside Heights Careless Driving Lawyer
Careless driving is one of the most common traffic tickets issued by police. Its a rather broad ticket that can apply to any number of scenarios. Sometimes it is given out as part of an accident and other times it is given out because the driver was pulled over but there was no other ticket to write. Therefore, the careless driving ticket helps to justify why the officer pulled you over in the first place. This of course, does not make it valid. This ticket carried two points and our team of tough, smart traffic ticket lawyers can help you avoid these points.
Our Seaside Heights Lawyers are easy to reach with offices in Toms River and throughout the entire state of New Jersey. Call us at 1-855-9-JEFLAW to discuss your case today. We are affordable and aggressive. Our initial consultations are free.
Seaside Heights Reckless Driving Lawyer
Seaside Heights Reckless Driving Lawyer
Reckless driving is a serious ticket as it carries 5 points. If convicted, your insurance will likely go up. Our team of tough, smart traffic ticket defense lawyers can help you avoid these points. We know how to both defend and mitigate these tickets to help you achieve a great result.
Our Seaside Heights Lawyers are easy to reach with offices in Toms River and throughout the entire state of New Jersey. Call us at 1-855-9-JEFLAW to discuss your reckless driving case today. We are affordable and aggressive. Our initial consultations are free.
Seaside Heights Criminal Mischief Lawyer
Seaside Heights Criminal Mischief Lawyer
Criminal mischief is the crime of breaking something to put it in plain English terms. The degree of the crime is based upon the value of the damage that was caused. The most frequently damaged items are walls, windows, cars and phones but of course, it can apply to just about anything. In Seaside Heights, alcohol is usually involved. While not a complete defense, getting the whole story can help your attorney achieve a successful result in your case. Our team of tough, smart criminal mischief defense lawyers have a long track record of helping clients get cases like this dismissed.
Our Seaside Heights defense Lawyers are easy to reach with offices in Toms River and throughout the entire state of New Jersey. Call us at 1-855-9-JEFLAW to discuss your criminal mischief case today. We are affordable and aggressive. Our initial consultations are free.
Seaside Heights Simple Assault Lawyer
Seaside Heights Simple Assault Lawyer
Don’t let the name fool you, simple assault case are serious business. If convicted, you will have a criminal record and you may even face jail time. This is in addition to court fines and other possible penalties. If you have been charged with simple assault in Seaside Heights, call our team of tough, smart lawyers today to discuss your case. We have helped many clients get their simple assault charges dismissed. Even if you think you’re guilty and that there is no hope, there are likely a number of defenses that you are not even thinking of. This is why a skilled defense attorney is vital to your case.
Our Seaside Heights Lawyers are easy to reach with offices in Toms River and throughout the entire state of New Jersey. Call us at 1-855-9-JEFLAW to discuss your case today. We are affordable and aggressive. Our initial consultations are free.
Seaside Heights DWI Lawyer
Seaside Heights DWI Lawyer
If you have been charged with DWI in Seaside Heights, you probably have a lot of questions. The last thing you want is for a fun night out to result in a loss of your driver’s license. If you already have a DWI on your record, then you could be looking at jail time. Hiring an aggressive DWI lawyer to fight your case in Seaside does not have to cost a fortune. Our team of tough, smart attorneys know how to fight the case using pre-trial motions, experts and hard hitting trial strategy. No matter how serious your case is, don’t think that it is hopeless. There are many ways to win a DWI even if you are clearly guilty.
Our Seaside Heights DWI Lawyers are easy to reach with offices in Toms River and throughout the entire state of New Jersey. Call us at 1-855-9-JEFLAW to discuss your case today. We are affordable and aggressive. Our initial consultations are free.
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.” Id.at 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.
Tonacchio Law LC 