In 2018, New Jersey saw several significant developments in the area of employment law. Litigation involving the validity of arbitration clauses and non-disclosure agreements with respect to discrimination claims received attention with the rise of the ‘Me Too’ movement. Similarly, companies were forced to consider revising their employee handbooks to provide for a “zero tolerance” policy when addressing sexual harassment claims. However, there are two other recent developments in New Jersey employment law that significantly impact employers and employees alike.
Many larger contracts contain an arbitration clause or arbitration agreement, wherein the parties to the contract agree to settle their dispute outside of court, through the arbitration process. The clause is considered a forum selection clause since it may dictate the specific jurisdiction where the arbitration is to occur. Not all arbitration clauses are valid, simply because they are contained within a contract signed by the parties.
Many individuals have significant tax liabilities that they cannot afford to repay. Tax liability can arise from not having enough tax withheld from your paycheck, withdrawing monies from retirements, bad investments, filing a return incorrectly and later having it audited, or failing to pay quarterly estimated business taxes. This list is not exhaustive and there are numerous other instances that can result in owing money to a taxing authority, including the Internal Revenue Service (“IRS”) and State of New Jersey Division of Taxation.
Tax liability is defined as the total amount the taxpayer owes, including taxes, penalties, interest, additions to tax, and additional amounts required by law. This article will deal with reducing tax liability with the IRS through a process called “offer in compromise” (“OIC”).
In New Jersey, after you file a lawsuit or other legal document naming another party in the action, you must provide the defendant with a copy of the filed document. This is called service of process. This is an extremely important step in any lawsuit. Without proper service the defendant can easily defeat the moving papers, or the court will refuse to entertain the relief requested in the moving papers. After service is completed, the server will fill out an affidavit which will be filed with the court. The affidavit of service describes the date, place, time and how the paperwork was served.
Small Claims is a division of the Special Civil Part Court in New Jersey. The Small Claims Section is a forum where a person can sue another person or business to attempt to collect a small amount of money. The proceedings are truncated and cases are usually resolved quickly without incurring a large expense. The cap on damages in Small Claims is $3,000. An exception of $5,000 is reserved for suits premised on the return of a tenant’s security deposit. A person seeking to file suit in Small Claims must be 18 years of age or older, otherwise the suit must be filed by a parent or guardian.
Most Americans are aware of the foreclosure crisis that has plagued many homeowners, lenders and communities in recent years. There are many reasons for foreclosure, such as problematic mortgage loans with features such as these:
On behalf of Scura, Wigfield, Heyer & Stevens, LLP
Being able to purchase and move into a new home is an exciting event for residents in New Jersey and elsewhere. This is why it is considered a very emotional and devastating time when homeowners learn that they might lose their home. Changes in life, such as unemployment or illnesses, can greatly impact the income of an individual or a family, making it difficult to make timely mortgage payments. These situations can lead to foreclosure.
New Jersey property owners, prospective buyers, investors and lenders often look to the law offices of Scura, Wigfield, Heyer & Stevens, LLP, for qualified advice and assistance in residential real estate matters.
Domestic violence is an all-too-frequent occurrence in the context of a divorce, separation or estrangement between spouses or romantic partners.