If You Resign from Your LLC, Don’t Expect to Get Paid Fair Value for Your Share
This is an interesting case. Plaintiff sued defendants, alleging they wrongfully deprived him of his ownership interest in the LLC, without compensation. The trial …
You Can’t Wait Forever to Demand Arbitration in Your Contract Fight
How Long Can You Wait in a Lawsuit Before Demanding Arbitration Video The parties to a recent case were siblings who purchased a …
Can an Employer Regulate Your Private Life and Your Free Speech?
Many employees do not realize that employers in New Jersey have the right to regulate and prohibit personal lifestyle choices after work and during …
New Jersey Employers and Employees Must Always Be Aware of the Language In Their Contracts
A large number of employers and employees throughout New Jersey sign employment contracts. Unfortunately, many employees often do not read the contracts before they …
Know Your Rights: The Employee Retirement Income Security Act (ERISA) is an Important Federal Law for Employees
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension plans, health …
Thinking of blowing the “whistle” on your boss? Understanding the New Jersey Conscientious Employee Protection Act (CEDA)
There are numerous federal and NJ state laws that protect “whistleblowers” who report the unfair or illegal practices of their employers. The CEDA law …
Have You Read Up on Recently About the Family and Medical Leave Act (FMLA)?
The Federal FMLA provides that employees may take 12 weeks of unpaid leave from their jobs when they have a serious medical condition or …
A Shareholder Lawsuit Can Get You More Than Just Money!
If you are sued by your business partner because of alleged improper action on your part, what remedy will he or she seek? Many …
Every New Jersey Shareholder is a Fiduciary to Their Fellow Shareholders
By Fredrick P. Niemann, Esq. a NJ Shareholder Lawsuit Attorney As a shareholder of a New Jersey corporation, it is important to understand your …
It’s the Courts Who First Decide Mandatory Arbitration Not the Arbitrator
In a recent New Jersey case, a plaintiff filed a complaint alleging violations of the New Jersey Consumer Fraud Act, the New Jersey Commercial …
Include a Buy-Sell Agreement and Restrictive Covenant as a Key Part of Your Shareholder Agreement
Shareholder agreements should be essential to every small corporation’s structure. These agreements outline many aspects of corporate government including ownership and voting rights, control …
The Fiduciary Duty of Loyalty Protects Minority Shareholders in NJ Corporations
New Jersey is home to numerous “closely-held” corporations. A closely held corporation is one that consists of a small number of shareholders or owners. …
You Can’t Compete Against Your Employer While Still Working for Them
Recently, I read about a lawsuit brought against a high-level management employee and officer of a corporation who secretly started a competing business against …
Understanding the Role of an Arbitrator Under NJ Arbitration Law
Under Rule 1:40-2(a)(1), arbitration is “[a] process by which each party or its counsel presents its case to a neutral third party, who then …
An Employment Contract Is Essential to Your Rights as an Employee In New Jersey
Many employees throughout the state of New Jersey have signed employment contracts but are unaware of what exactly their employment contracts say. When they …
Shareholder Agreements
I have written many times about the importance of having a written shareholder agreement. I encourage you to freshen up your understanding about shareholder …
An Employment Agreement Mandating Arbitration and Limiting Damage Claims by an Employee Can Be Enforced in NJ
A recent Federal court decision in New Jersey upheld a provision in an arbitration agreement that subjected an employee to the imposition of attorney’s …
New Jersey Law Protects Employees From Demotions Based on Discrimination
New Jersey has specific laws in place that prevent discrimination by employers against employees. The New Jersey Law Against Discrimination applies to many discrimination …
Different Types of Ownership in NJ Corporations
New Jersey corporations generate funding and cash flow by offering prospective shareholders an investment opportunity with the corporation. There are different ways in which …
An Employment Contract Lawyer Simplifies Employment Contract Issues to Avoid Conficts
Understanding NJ contract law is an important function of an Employment Dispute attorney. What is an Employment Contract Dispute An employment contract dispute is …
Do I Have to Confirm That a Former Employee Worked for Me?
Recently, one of our corporate clients received a question about one of their former employees and whether this person had worked for our client. …
Terminating a Tenured Versus Non-Tenured Employee Working at a Public or Charter School
Tenure for teachers in our public education system has always been a controversial topic except for teachers who generally support the concept. Tenure prevents …
Oppressed Minority Shareholders in Closely-Held Corporation Have Rights Under NJ
I’ve written a lot about closely held companies and the rights of minority shareholders. Closely held corporations are generally businesses that have a small …
How an Employee Handbook Can Protect an Employer from Liability
Employers and employees often look upon the Employer-Employee Handbook as an employment agreement. Given that NJ employment laws generally presume at-will employment relationships, many …
Supreme Court Aids Older Workers Alleging Discrimination
Justices place the burden of proof on employers In 2008, I wrote the Supreme Court had further enhanced the ability of older workers to …
Piercing the Corporate Veil and Holding Corporate Officers Personally Liable
In NJ, Courts will disregard protection for officers, shareholders and directors and hold these individuals legally and personally liable for damages if they use …
You Can’t Sue Me in NJ for Breach of Contract if I Have No Contacts in NJ
To Sue in NJ, the Other Side Must Have Contact with NJ. To enable NJ court to exercise specific jurisdiction over a non-resident defendant, …
Is Raiding a Competitor’s Employee(s) Actionable in NJ
Can you recruit that co-worker or former co-worker or key employee of a competitor in New Jersey without the risk of being sued? The …
Why Do Some Shareholders Feel the Need to Oppress Their Minority Stakeholders?
Controlling shareholders are in a position to abuse their power over minority shareholders by reducing or eliminating one or more economic benefits of ownership …
Shareholder Oppression: It’s Always a Risk
A wielding of power by any person or group who controls a corporation may serve to destroy a stockholder’s vital interests and expectations. As …