Fitness for Duty Testing and the ADA

 “Fitness for duty testing” can be a very stressful phrase when you’re disabled. But depending on your limitations and the job requirements, you may not need to be so concerned. Disabled job applicants have some legal protections that should give you a fair opportunity to compete for a job opening.

What is the ADA?

The Americans with Disabilities Act (ADA) is a federal law providing some protections for job applicants and employees who are disabled, have a record of a disability, are perceived by others to be disabled, or are associated with someone who’s disabled (maybe a spouse). There is a similar State of New Jersey statute, the Law Against Discrimination (“LAD”), discussed briefly below, which provides anti-discrimination relief in appropriate cases.

Thanks to the ADA, if an employer is large enough (15 or more employees), it’s illegal to discriminate against a disabled job applicant or employee, just like it’s illegal to take actions against someone because of their age, color, race, sex, religion, or national origin.

The ADA adds another layer of protection because employers are required to make reasonable accommodations so a disabled employee can perform a job’s essential functions. The accommodations need not be made if they pose undue hardship to the employer.

If there’s a good-faith disagreement on whether a proposed accommodation is reasonable or would be an undue hardship, ideally, it should be worked out between the parties in what is called an “interactive process.”

New Jersey’s LAD covers all employers, while the ADA applies to employers with 15 or more employees.

Can I Be Asked If I Can Do the Job I’m Applying For?

Before being offered a job, you can be asked if you can perform a position’s essential functions with or without reasonable accommodation. An essential function is a basic job duty that’s integral to the position. When deciding if a function is essential, you should consider the following:

• Whether the position exists so the function can be performed
• How many other employees are available to perform the function, or how many can share this function, and
• How much expertise or skill is needed to perform the function

Evidence that a function is essential could be:

• It’s covered in a job description and discussed in job interviews
• The experience of present or past job holders
• The time spent performing the function
• What will happen if an employee doesn’t perform the function, and
• A collective bargaining agreement covers it

Generally, employers are given some leeway in deciding if a function is essential, but a judge or jury won't just take their word for it.

What is Fitness for Duty Testing?

It’s an employer-requested evaluation of a job candidate’s or an employee’s physical, mental, and psychological abilities to perform a job. It can be done with an employee returning to work or offered a job.

A job offer can’t be made subject to passing such an exam, but a job offer can be withdrawn if the person isn’t fit for duty. If an employer uses an exam for new hires, all of them should be examined. Making an exception and requiring an individual to take an exam shows the potential employer perceives that person as disabled, and it creates an additional barrier to employment that those not considered disabled can avoid.

A licensed healthcare professional practitioner should perform the evaluation. Tests must be consistent with business necessity and be job-related, so people don’t lose job opportunities for reasons unrelated to position requirements.

What Can I Do If I’m Found Not Fit for Duty?

The reality is that you may not be fit for duty. As much as you may want this job, if you’re not capable of performing its essential functions (with or without reasonable accommodation), then you may legitimately not be hired. In that case, you may have just avoided a lot of heartache and grief trying to hold onto a job that you were eventually going to lose. If you’re a job candidate, you’ll need to find a job that’s a better fit for you. If you’re returning to work after an illness or injury, you may qualify for Social Security Disability Insurance benefits or private disability insurance payments (or both).

The reality might also be that you are fit for duty, but the part of the job you have trouble with is not an essential function. You can do the job with accommodation that’s reasonable and not an undue burden on the employer. These issues are fact-specific. They have to do with the nature of the job, the extent of your disability, and a possible accommodation’s impact on the workplace.

If you find yourself in this situation, call our office so we can discuss all the issues, the employer’s responsibilities, and how the law may apply in your situation. These scenarios are rarely black and white, with a person clearly able to do the job and an employer obviously making a biased decision. Most of the time, it’s shades of grey. But sometimes the grey is so dark it appears that something isn’t right.

Has Your Employer Illegally Discriminated Against You?

Do you have questions or concerns about the results of a fitness for duty exam? If so, we will listen to your facts, explain the law, and suggest right and reasonable approaches for relief.

Kingston Law Group provides compassionate counsel and tough advocacy. We are ready to help you, your loved ones, and your friends. Call us at +1-609-683-7400 or contact us online to schedule a near-term initial consultation at a reduced hourly rate. Call us today. You’ll be glad you did.

What’s Needed for Successful Family/Divorce Mediation?

Family/divorce mediation can be a valuable tool for parties who want to amicably resolve the conflicts between them. If direct negotiations fail to bring matters to a close, input from a third-party neutral could be what’s needed.

What is Mediation?

Mediation is a process in which an impartial third-party guides those involved in a dispute to a mutually acceptable resolution. Depending on the issue and the jurisdiction you’re in, mediation may be required. Usually, the parties decide to enter mediation and choose the person who will help them.

Mediation can be used for minor disputes between neighbors to conflicts between multinational corporations with multi-billion-dollar budgets. In our experience, mediation is frequently used in family and employment law disputes.

Who is the Mediator?

A mediator is often an attorney, a retired attorney, or a retired judge. However, professionals from all walks of life may serve, with party consent and approval. Psychologists, psychiatrists, social workers, CPA’s, MBA’s, and others may serve.  Some are more experienced than others, and some specialize in particular areas that may be of help to the parties.

If a court requires mediation, a given period is free of charge. If the parties wish to extend beyond that time, they must pay the person for their services. A skilled and experienced mediator can charge from $150 to $600 per hour, or more, and the parties either split the cost equally or proportionately, by agreement or an Order of the Court.

The mediator must have no interest in the outcome of the dispute and should have no personal or business connections with the parties involved. However, the parties may waive objections to most conflicts of interest with the mediator. Attorneys come to know mediators over time, and there are some we prefer to work with because they excel in their role.

How Does Mediation Work?

Each mediator has their own approach, but generally, both sides get together in a room and tell their side of the story and their priorities. The parties also disclose what progress they’ve made in negotiations, if any, and what is keeping them apart.

If there is a domestic violence restraining order in effect, the courts or the parties may elect virtual mediation, not in the same virtual room at the same time, to allow the matter to proceed. Some mediators have specialty training dealing with domestic violence cases in a mediated context.

After the preliminaries are done, the parties often go into separate rooms where each side can speak freely with the mediator. The mediator often shuttles back and forth, communicating positions and asking questions, hoping the answers will move the negotiations forward.

A mediator may feel it’s up to the parties to come up with solutions, or they may propose their own. The parties may be at the end of their negotiation rope and ask a mediator what they think might work. The mediator may ask a party if they’ll agree to take a particular action, pay or accept a specific amount of money on one issue, or agree to a particular outcome on another issue. Sometimes a party or his/her counsel will float a proposal through the mediator rather than directly, so as not to produce a “reactive devaluation” response, i.e. the direct proposal would be “dead on arrival”.  As long as progress is made, this mediation tennis match could go on productively for hours or days.

Nothing disclosed during mediation can be used during litigation. As part of the process, a mediator shouldn’t disclose something said by either party without permission.

The focus should be on the parties’ needs and goals, and both sides must be willing to give and take to make mediation successful. Often, there are multiple disagreements or issues between parties, and it makes sense to address those that are easier to resolve first, build goodwill, and leave the tough ones for last.

That approach can also bring urgency to the mediation, because each party may feel they’ve made progress, everyone is working on this together, so “let’s just get this done and put it behind us.”

Is There a Key to Successful Mediation?

It’s up to the parties to resolve their disputes. If they’re not in the right mindset for resolution, the best mediator in the world won’t make much difference. If the parties aren’t reasonable, willing to let go of the conflict, and be flexible, mediation will be an exercise in wheel spinning.

If a party sees mediation as an opportunity to antagonize and degrade the other party, it’s a waste of time. If you want to throw in your spouse’s face the fact that they cheated on you or claim that your son hates the other spouse, just stay home.

Mediation is not the time or place for dramatic confrontations. This is about cooler heads prevailing to reach an agreement that allows both sides to have some kind of win and move on with their lives.

A mediator is like a fishing guide. They can take you to a great fishing spot, let you borrow a fishing rod, and give you helpful advice. But ultimately, it’s up to you to catch the fish. The guide can only do so much.

Do You Need Legal Help or Answers to Your Questions?

Are you in a situation where you think your legal rights are being impacted at work, or there’s a family issue that’s getting out of control? If so, we will listen to your facts, explain the law, and suggest right and reasonable approaches for relief.

Kingston Law Group provides compassionate counsel and tough advocacy. We are ready to help you, your loved ones, and your friends. Call us at +1-609-683-7400 or contact us online to schedule a near-term initial consultation at a reduced hourly rate. Call us today. You’ll be glad you did.

Can a New Jersey Employer Test Job Applicants and Employees for Marijuana Use?

New Jersey law allows for medical and recreational use of marijuana. It also generally bans testing current employees for use outside of work. State law has language stating a positive marijuana test shouldn’t prevent someone from getting hired. However, state law has also been interpreted as not giving job applicants the ability to protect these rights in court, so an affected worker has limited options.

This doesn’t make much sense, but this is what happens when statutes are written but not clearly enough. There are many competing interests vying for a say in the legislature, so the resulting picture isn’t clear-cut and straightforward. Worker advocates secured various rights in the statute, but employers managed to dilute them to the point where enforcement is effectively nonexistent.

Marijuana Wasn’t Always Illegal

Anglo-Americans and Europeans have known about marijuana’s medicinal benefits since at least the 1830s, according to History.com. Sir William Brooke O’Shaughnessy, an Irish doctor in India around that time, found that cannabis extracts eased cholera symptoms such as stomach pain and vomiting. Americans and Europeans bought marijuana extracts in pharmacies and doctors’ offices for a variety of ailments.

After the spread of rumors of Mexicans selling pot to American children and marijuana giving criminals super-human strength, 29 states made marijuana illegal from 1916 to 1931. The federal Marihuana Tax Act of 1937 essentially banned it nationwide.

Marijuana-related state criminal penalties increased during the 1960s and softened in the 1970s. Currently, 29 states allow for its medicinal use, and its recreational use is legal in seven states plus the District of Columbia.

New Jersey Makes Marijuana Use Legal

Limited medicinal use of marijuana started in 2010 and gradually expanded over the following years. New Jersey residents voted in a referendum for the legalization of adult-use cannabis in 2020. The following year, Governor Phil Murphy signed three bills into law that changed marijuana’s legal status, according to New Jersey’s Attorney General.

The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (NJCREAMMA) was enacted to regulate the cultivation, distribution, and use of cannabis in New Jersey. It also states:

“No employer shall refuse to hire or employ any person or shall discharge from employment or take any adverse action against any employee with respect to compensation, terms, conditions, or other privileges of employment because that person does or does not smoke, vape, aerosolize or otherwise use cannabis items…[A]n employee shall not be subject to any adverse action by an employer solely due to the presence of cannabinoid metabolites in the employee’s bodily fluid from engaging in conduct permitted under (NJCREAMMA)…”

What the law doesn’t include is language empowering people suffering illegal employment discrimination in violation of the law to file a private lawsuit against the potential or current employer committing the acts.

Workers Can Be Tested While on the Job, But Can’t be Fired Solely for Testing Positive for Marijuana Use

An employee shouldn’t be subjected to an employer’s adverse action just because the person tested positive for marijuana use, according to the state’s Cannabis Regulatory Commission (CRC). Employers have a right to maintain a “drug free workplace” consistent with state law. They can require you to undergo a drug test if there’s:

• Reasonable suspicion that you’re using cannabis or are impaired at work
• A random drug test program
• A work-related accident you’re involved in that your employer is investigating

Test results showing cannabis use plus “evidence-based documentation of physical signs or other evidence of impairment during an employee’s prescribed work hours may be sufficient to support an adverse employment action.”

State and Federal Courts Expose Toothless Law

In January 2022, Erick Zanetich applied for a job at a Walmart facility in Swedesboro. He was offered the job a week later, provided he passed a drug test, as per company policy. Zanetich tested positive for marijuana, and Walmart withdrew the job offer. Given NJCREAMMA’s anti-discrimination language, Zanetich, as part of a possible class action, sued Walmart for violating the law.

His case was dismissed in state district court. That decision was appealed and heard in the US Court of Appeals, Third Circuit in December, which agreed that the state legislature didn’t empower him to take his claims of alleged employment discrimination based on his positive marijuana test to court. They dismissed the case, too.

The federal court stated if anyone can take legal action to protect job applicants and workers, it’s the state’s CRC, but there’s no specific, express granting of that power in NJCREAMMA. If and when the agency takes that action, expect the employer to try to dismiss their legal action for that reason.

As it stands now, New Jersey job applicants and employees have the right not to be discriminated against due to their cannabis use/positive test, but no way to actively protect these rights. Legally, there’s not much downside to an employer breaking this law, though they risk becoming a test case to further define NJCREAMMA’s protections, if any.

The NRC may or may not want to get involved in your situation and pursue the employer. Depending on the facts, your potential or actual employer may have broken other laws that could be the subject of a lawsuit.

If you’re facing a marijuana testing issue at work, please call us so we can discuss the situation and how New Jersey law may apply.

Has Your Employer Illegally Discriminated Against You?

Do you have questions or concerns about marijuana testing and how it may affect your ability to get hired or keep your job? If so, we will listen to your facts, explain the law, and suggest right and reasonable approaches for relief.

Kingston Law Group provides compassionate counsel and tough advocacy. We are ready to help you, your loved ones, and your friends. Call us at +1-609-683-7400 or contact us online to schedule a near-term initial consultation at a reduced hourly rate. Call us today. You’ll be glad you did.

Is Collaborative Family Law Right for You?

By: Misty Avallone, Esq.

To resolve a family law issue with as little stress and cost as possible, you should consider the collaborative process. It’s a type of alternative dispute resolution where you benefit from having your own attorney, but it’s not an adversarial approach. The goal is to address the parties’ needs as much as possible without resorting to litigation, yet you may choose to litigate if the collaborative process fails.

Nearly all family law disputes are resolved through negotiations. Collaborative law reflects that reality, and the process is driven by negotiation and cooperation. The traditional family law approach to cases is that litigation and negotiation are parallel. With a collaborative approach, litigation is a possibility if negotiation efforts fail, not something the parties engage in during the collaborative process.

How Does the Process Begin?

Each party hires their lawyer, and neutral professionals such as accountants, mental health experts (divorce coaches), or child psychologists, as necessary. It’s similar to mediation in that the parties agree to make the process as amicable as possible, including not using particular language or making accusations.

The team members and the clients sign a Participation Agreement. The stated goal is to remove the litigation threat and keep the parties cooperating to come to a resolution. The contract describes the issues involved and states that the parties will do the following:

• Negotiate in good faith
• Provide all relevant information
• Work diligently to reach an agreement

It also states that if the process ends without an agreement and the parties wish to litigate:

• Both attorneys and any other professional involved must resign
• The parties will obtain new counsel

After the Participation Agreement is signed, the clients, attorneys, and neutral professionals meet to negotiate a resolution of all the issues. An agenda is created before every meeting to encourage efficiency and avoid surprises. Potential choices are brainstormed for each issue, and options are created, analyzed, and prioritized. Respect and civility are maintained so the parties can resolve complex issues while maintaining their relationships. The divorce negotiations are based on the parties’ goals and interests, and the process focuses on solutions to meet the family’s unique needs.

Collaboration - Not Litigation

The parties cannot use or threaten litigation to reach their goals. If they do, the process must end, and the parties need to retain new lawyers because the lawyers who signed the Participation Agreement can no longer participate in resolving the dispute. Collaborative law is usually less expensive than litigation but may take longer and be more costly than mediation.

Collaborative law fosters open communication and mutual agreement. Lawyers fully inform their clients of their rights and what they may be entitled to if they choose the litigation approach, but they’re not overzealous advocates when working on a settlement.

Everyone seeks a mutually beneficial solution. This can be less costly in money, time, emotion, and energy compared to the traditional court-driven approach, but can also help the parties maintain a healthy ongoing relationship. This is essential when the parties are co-parents who share child custody.

You must know how property division law works and what you may be entitled to, but the law doesn’t have to drive the process. The goals and needs of your family do. A neutral financial expert may help collect, review, and analyze financial information. They would then offer a balanced evaluation and solutions to the couple's financial challenges.

Like other issues, child and spousal support negotiations are guided by your family’s goals and needs. Child custody can be a costly battleground during traditional litigation. A collaborative approach could involve a coach to help the parties communicate and work through meetings where an agreement can be reached. A child psychologist may also be part of the team to give an expert, independent opinion on what arrangement would be in the child’s best interests.

After a resolution is reached, written documentation of the agreement and necessary court forms are prepared and signed. All Agreements are legally binding. The parties then “put their divorce through” either in person or via Zoom, or “on the papers” if they so choose (judges in most counties accommodate divorces “on the papers”).

The Same Approach Can Be Taken With Pre- and Postnuptial Agreements

Collaborative family law can also help a couple create a prenuptial or postnuptial Agreement. These Agreements set forth how financial matters will be addressed if the couple divorces. A Prenuptial Agreement is made before the marriage, and a Postnuptial Agreement is made during the marriage. They may be especially helpful if a party has children from a prior relationship, brings substantial assets to the marriage, or owns a business before the marriage.

Contact Kingston Law Group for Help with Family Law Matters

For help with a divorce, child custody, or support matter, call us at 609-683-7400 to arrange a near-term reduced-fee initial consultation. Kingston Law Group takes a collaborative approach when it’s in our clients’ best interests. We will listen to your facts, discuss the law, and advise you of your options. We accept credit cards and offer appointments between 9 a.m. to 5:30 p.m., Monday through Friday. We
also have pre-arranged evening appointments. Contact us today. You will be glad you did!!

Whether an Employer is Actively Engaged in DEI, It’s Still Illegal for Them to Discriminate

DEI (Diversity, Equity, and Inclusion) has gotten a lot of press over the years and has become a lightning rod for love and criticism. The second Trump administration has made a point of attacking it (whatever they think DEI is), and it’s current, explicit federal policy to stamp it out wherever and whenever it can. Unless and until federal law changes, the (temporary or permanent) end of DEI does not green light illegal employment discrimination. DEI is not part of the law, so ending it doesn’t affect it.

What is DEI?

The Harvard Business School Online states DEI comprises of:

• Diversity: The presence and participation of those with different backgrounds and perspectives, including those from groups who traditionally have been underrepresented
• Equity: Getting equal access to opportunities and fair and impartial treatment
• Inclusion: A sense of belonging where all feel accepted, welcomed, and respected

DEI isn’t just a touchy-feely management fad. Studies have shown that DEI initiatives can benefit a company's bottom line. One study found that businesses with a diverse staff experience more than twice as much cash flow per employee.

DEI initiatives are “essential to fostering a positive work culture.” Exposure to diverse perspectives can improve the following:

• Employee morale
• Business ethics
• Creative problem-solving
• Innovation

Sounds pretty terrible, doesn’t it? Criticism of DEI initiatives from social conservatives includes that the “equity” part of the program involves shaming White employees for past discrimination they played no part in, and White employees may have a harder time getting jobs and promotions as employers seek a more “diverse” workforce.

Abandoning “DEI” Shouldn’t Result in Embracing Illegal Discrimination

Many standard corporate policies could be labelled as “DEI,” including the following:

• Auditing pay practices to determine if pay rates are fair and equitable
• Requiring diverse job candidate pools
• Ensuring that promotions are fairly awarded

They are also employer tools to help them show compliance with state and federal statutes outlawing workplace discrimination, according to Reuters. Assuming the data is positive, an employer sued by a job candidate or employee for discrimination would be disadvantaged without this information.

The Trump Administration and its executive orders can’t help an employer successfully sued for employment discrimination. DEI as a management approach was never factored into federal anti-discrimination law, so there’s no impact from an effort to remove it.

DEI policies became more common after nationwide protests in 2020 of police killings of unarmed Black Americans. Reverse discrimination claims, where those traditionally in positions of authority (predominantly White, male, heterosexuals) claimed their characteristics were used against them, became better known. But these cases have been filed for decades, long before “DEI” was uttered by a management consultant.

Reverse discrimination cases are far outnumbered by the traditional variety of these legal actions. Employers going out of their way to placate White men so they won’t sue them may end up ignoring or violating anti-discrimination laws. They risk finding themselves on the business end of lawsuits filed by everyone else.

The Downside to Backing Away from DEI? Evidence of More Tolerance of Discrimination

Other potential costs of an employer washing its hands of DEI efforts are discussed in a Bloomberg News article:

‘Companies’ retreats from such initiatives will reverse…progress and draw discrimination litigation in the future. Plaintiffs’ lawyers will look to use corporate decisions to abandon DEI efforts as evidence of bias and discriminatory intent. For example, executives questioning the value of DEI efforts—sentiments that could be revealed during discovery—can signal bias from which a jury can infer that an employment decision was made “because of” race, gender, or another protected trait.

Backing away from DEI can also be used as evidence in hostile work environment claims. Under Title VII, employers must demonstrate they exercise reasonable care to prevent and correct workplace harassment. Scaling back programs such as affinity groups, DEI task forces, or climate surveys can signal a failure to maintain effective preventive measures.

For instance, employee resource groups often provide spaces for underrepresented employees to voice concerns, fostering accountability and awareness of harassment policies. If these initiatives are cut, employees may lack the support or information they need to report harassment, which can show that the employer failed to create a safe work environment.’

Meta, the corporate entity owning Facebook, ended some of its DEI programs in January, according to Axios. The company’s CEO, Mark Zuckerberg, also stated that companies needed more “masculine energy” from their employees that month during a podcast. Both of these may be music to the ears of a lawyer representing a current or past employee claiming discrimination by Meta because she’s a female.

A path that may bend toward the politics of the Trump Administration could ultimately increase an employer’s liability risks. They shouldn’t count on DEI foes to start a collection to help pay their attorneys’ fees or verdicts against them.

Has Your Employer Discriminated Against You?

Do you have questions about illegal employment discrimination or believe your employer took action against you because of your characteristics? If so, we will listen to your facts, explain the law, and suggest right and reasonable approaches for relief.

Kingston Law Group provides compassionate counsel and tough advocacy. We are ready to help you, your loved ones, and friends. Call us at +1-609-683-7400 or contact us online to schedule a near-term initial consultation at a reduced hourly rate. Call us today. You’ll be glad you did.

Fifty or Older and Getting Divorced? You Are Not Alone!

The share of America’s older population is growing, and that group is not shy about getting divorced. This combination creates record numbers of divorces for those who may have been married thirty or more years. No matter your age, Kingston Law Group can help if you’re considering getting divorced.

Why are More Older People Getting Divorced?

Gray divorces, those involving spouses fifty and older, doubled between 1990 and 2010, reports a 2022 study, according to an article in Vox. More than a third (36%) of US divorces are gray. For almost two-thirds of them, this isn’t their first divorce. Younger couples have higher divorce rates, but gray divorce rates are catching up.

Before the 1970’s, there were only “fault” divorces, in which couples needed to justify the legal end to their marriage. Then came “no fault” divorces, and the number of marriages ending in courtrooms increased.

More women joined the workforce starting in the 1960’s, and some were no longer financially dependent on their husbands. That group is reaching its 60’s and 70’s, and many of them have the resources to get divorced and live on their own. The social stigma of divorce has faded over time. Couples no longer feel compelled to stay together for the sake of staying together.

Generally, older couples divorce for reasons similar to younger couples, with some exceptions. One survey of older divorcees found the following:

• Men divorced because they grew apart from their wives, their spouse’s infidelity, different financial views, their wives’ mental health issues, or disagreements about their children
• Women’s top motivators included infidelity, their spouse’s addiction to pornography or alcohol, emotional abuse, growing apart, and their husbands’ mental health issues

Older adults weren’t getting divorced for personal fulfillment because their spouses held them back from living their best lives. But traditional midlife milestones may push couples to at least consider divorcing. If grown kids leave the household, then child rearing is no longer a distraction.

The focus now is on the relationship. Discontent that may have simmered over the years may burst into the open. Retirees may question what they want to do with the rest of their lives and how/if they want to relate to their spouses.

What are the Financial Consequences of a Gray Divorce?

Child support and custody aren’t normally issues in gray divorce (but pet custody may be) so the big nut to crack is usually dividing retirement income, assets, and debts. Usually, finances, incomes, and debts have been blended for decades. Women are at risk of getting the short end of the income and asset stick in a gray divorce.

Often both spouses take a hit in a gray divorce. Splitting wealth at a later age can result in a 50 percent loss in wealth that’s not regained. One study found divorcing older women see their household income drop by 45 percent, compared to 21 percent for men. Women typically only make up for this loss by remarrying or finding another partner. They’re also more likely to have put their careers on the backburner to raise children, and earn less than men during their lives, so they probably contributed less to retirement than their husbands.

A critical part of the divorce process is dividing assets and income equitably. Ideally, both spouses should leave a marriage on roughly equal financial footing. Effective legal counsel can help a spouse restart their lives with a fair share of the couple’s financial resources.

How Do Lives Change After a Gray Divorce?

If women are harmed more financially in gray divorces, men take the social hit. Mutual friends tend to side with the ex-wife. During marriages, many men rely on their wives for social planning. They may lag behind their wives in the quantity and quality of friends. Gray divorce support groups can help men connect with others facing similar challenges.

We have to plan for retirement in many ways, not just financially. The same is true of those going through gray divorces. Most of those undergoing gray divorces are happy that they did, but there’s a risk you could go from living with someone in a dysfunctional divorce to living alone and in isolation.

More than 16 million older Americans are living alone, or 28 percent of those 65 and older (compared to about ten percent in 1950), according to the San Diego Union-Tribune, and many have significant health issues. Almost 40 percent have the following:

• Vision or hearing loss
• Difficulty caring for themselves and living independently
• Problems with cognition, or
• Other disabilities

If help at home isn’t available, living alone can magnify these challenges and make problems worse. Compare to those living with others, seniors living on their own have a higher risk of the following:

• Becoming isolated, depressed, and inactive
• Having accidents
• Neglecting to care for themselves
• Being hospitalized more often
• Suffering earlier-than-expected deaths

There are no one-size-fits-all solutions for older divorcees living isolated lives. Living near family and maintaining friendships should help, but moving away to be closer to family may take you away from friends. Support groups and volunteering can be critical to keeping someone connected to others. Working can help your finances and maintain relationships with others. Planning your life after your divorce may be just as crucial to your well-being as planning your divorce.

Contact Kingston Law Group for Help with Divorce Matters

For help with a divorce, call us at 609-683-7400 to arrange a near-term reduced-fee initial consultation. We will listen to your facts, discuss the law, and advise you of your options. We accept credit cards and offer appointments from 9 a.m. to 5:30 p.m., Monday through Friday. We also have pre-arranged evening appointments. Contact us today. You will be glad you did!!

“Am I a Whistleblower?”

You’ve probably heard the term “whistleblower” concerning an organization or company being investigated or sued. A whistleblower reports unsafe, unethical, or illegal activities by their organization internally, to a government agency, or a media outlet. Depending on the circumstances, you may be a whistleblower and have legal protection against retaliation for your acts. That means the employer, whether governmental or private sector, must protect your job.

Many federal, state, and even local laws cover whistleblowers. Ideally, you should speak with a Kingston Law Group attorney before blowing the whistle, to understand applicable laws, whether you’ll be legally protected, and if so, how to maintain that protection. These are technical laws. You may lose this protection because of something you do or fail to do. The timing of your acts may also impact your legal status.

During the American Civil War, so many Union soldiers got sick by eating spoiled rations and were injured and killed by defective weapons that the federal False Claims Act (FCA) became law in 1863. This was to encourage and reward reporting of fraud by government suppliers. That law has changed over time but is still in effect.

Part of the law has qui tam provisions that can reward citizens for bringing these issues to the appropriate government entity and filing their own lawsuits on the public’s behalf. If successful, the whistleblower could get a share of what the government recovers. Federal, city, state whistleblower laws, and common law developed in the courts over the years may protect you from employer or ex-employer retaliation.

What Types of Wrongdoing are Covered by These Laws?

Whistleblower laws cover reporting or opposition to virtually any illegal, unethical, or fraudulent activity. They include the following activities:

• Human trafficking
• Violating wage and hour laws
• Employment discrimination
• Fraud against stockholders
• Illegal pollution
• Workplace safety
• Tax evasion or fraud
• Fraud or mismanagement involving government contracts

Because the topics covered are so broad, it’s best to talk to us to ensure that the issue you’re dealing with is covered by a whistleblower protection law.

What Actions are Protected?

Protections can vary with the applicable law, but generally, an employee’s actions can include:

• Speaking out internally against the policy or practice
• Reporting the policy or practice to a government regulator
• Supporting someone else who’s against illegal or unethical acts
• Testifying in court or cooperating with a government investigation
• Reporting the incidents to the press
• Suing or filing a complaint against your employer with a government agency
• Complaining internally about workplace discrimination

To have a successful lawsuit, you may need to report the issue internally to give your employer the opportunity to stop or change what they’re doing so it’s no longer illegal or unethical. The law covering the situation may also require reporting the issue to a government agency to win your case, so it’s important to understand the laws covering the situation and their requirements.

Depending on the circumstances, you may be wrong about what you’re reporting or opposing and still be legally protected against retaliation if you believe in good faith, or reasonably believe, this illegal or unethical action occurred.

What Would Be Illegal for My Employer or Ex-Employer to Do in Response?

Retaliation occurs if your employer, ex-employer, or one of their agents or employees takes action against you. This may include the following:

• Being fired or laid off
• A demotion
• Being denied a promotion or benefits given to others who are similarly situated
• A pay cut
• Harassment
• Being denied overtime
• Not being hired
• Threats and intimidation
• Physical assault
• Baseless warnings or poor evaluations
• Falsely claiming you committed wrongdoing or were a poor performer to prevent you from working elsewhere
• “Blackballing” you so you can’t work in an industry or geographical area
• Baselessly suing you or making a false report to the police about you

Petty slights, small annoyances, or insignificant punishments aren’t serious enough to break the law.

What Might I Recover with a Successful Whistleblower Lawsuit?

That depends on the circumstances of your case and the applicable law. If fraud is involved, you may receive a percentage of the overall financial recovery. Depending on what’s at issue, that could be a lot of money.

New Jersey’s Conscientious Employee Protection Act is one of the strongest in the nation. The employee must report an unlawful, unethical, or similar violation, or threaten to do so, within or outside the Company. That triggers “whistleblower” protections.

If the issue involves workplace retaliation or being fired, you may recover the following:

• Reinstatement to your former job
• Lost wages, including what you lost in the past and future wages until you’re re-hired
• Compensation for mental anguish and emotional distress,
• Payment of your attorney’s fees

Contact Kingston Law Group

Kingston Law Group handles a wide range of employment matters. If you have questions about leaving your job and possible legal consequences, please contact our Central Jersey law office at 609-683-7400 toll-free to arrange a consultation. We accept credit cards and offer general appointments from 9 a.m. to 5:30 p.m., Monday to Friday, or pre-arranged evening appointment times.