Kingston Law Group’s domestic abuse practice has helped hundreds of people over the years. These are highly stressful and possibly violent situations that must be taken seriously. No matter which side of the issue you’re on, we can help. Call us at 609-683-7400 or contact us online to learn more.

What is New Jersey’s Victims’ Assistance and Survivor Protection Act (VASPA)?

VASPA provides civil restraining orders for victims and survivors of sexual violence, stalking, and cyber harassment – in cases where entry of a Domestic Violence Restraining Order may be unavailable for legal/jurisdictional reasons.  In addition to possible criminal law charges and protections, a VASPA protective order may provide civil mitigation of the following acts:

• Nonconsensual sexual contact or sexual penetration
• Lewdness
• Stalking
• Cyber harassment

A VASPA order prohibits a defendant from further committing these acts and:

• Contacting the victim directly or through a third party
• Going to the victim’s residence, school, or workplace
• Other relief a court deems appropriate

If a VASPA order is violated, there are civil and criminal penalties, which may include the following:

• Arrest
• Fines
• Probation
• Jail time

A judge may also impose other relief that’s deemed appropriate. Those who may apply for a VASPA order include the following:

• Victims and survivors who are 18 years old or older
• A parent or guardian on behalf of someone younger than 18 years old who has a mental disorder or defect, or developmental disability

These orders are different from domestic violence restraining orders (DVROs). VASPA orders may or may not apply to individuals with romantic, marital, family, or parenting relationships, while DVROs do. A VASPA order could be granted to someone who may not qualify for a DVRO.

Angry Spouse Bangs on Door Early in the Morning, Sends Texts People Wouldn’t Normally Receive

The Appellate Division recently ruled in a case involving a wife (R.S. in the decision), her husband, and a woman (A.C.) in a romantic relationship with the husband when the parties were divorcing. On an early November 2024 morning, R.S. went to A.C.’s house while the husband was present. She banged on a door and window, yelling at A.C. to meet her outside. The husband left the house, tried to talk her into leaving, but she stayed, and he left. A.C. ignored R.S.’s words and actions.

The two had never met, but while “making a scene” outside the house, R.S. made personal statements about A.C., who called the police. When the police arrived, they spoke to R.S., who left. A.C. asked them for a domestic violence restraining order, but was told she didn’t qualify.

At about 2:00 A.M., R.S. started texting her husband and A.C. Her texts included claims that there was no need to call the police and allegations that:

• Her husband and A.C. maintain fake public personas
• Their relationship started before the divorce
• She was going to contact A.C.’s employer and tell them about the relationship

R.S. then forwarded a phone message A.C. left for the husband.  R.S.’s texts included graphic descriptions of the sex she could have with her husband and the statement “ITS ON!”, which A.C. interpreted as a threat. R.S. mentioned A.C.’s husband and children and she went to see them in person.

At a hearing where A.C. sought a final protective order (FPO), she testified, “This is very concerning. I do not want this type of erratic behavior and safety risk around my children…It’s troubling. It’s dangerous.”

R.S. admitted she learned of her addresses through online research, and visited those addresses. She stated that she learned of A.C.’s address online and about A.C. after speaking with her husband. R.S. stated she didn’t plan on physically going to A.C.’s workplace, but was planning to inform A.C.’s work of the affair.

The trial judge decided that R.S. had not stalked A.C. and ruled in R.S.’s favor on the following issues:

• The text communications threatening to contact the employer were cyber-harassment under New Jersey law
• There was a threat to A.C.’s property interests
• The sexual description by R.S., the time of the 2:00 am texts, and R.S.’s visits to A.C.’s husband and children were meant to harass A.C.

R.S. appealed the decision.

Appeals Court Rules R.S. Didn’t Cross Legal Lines and Dismissed FPO

The Appellate Court ruled that the alleged language and behavior weren’t covered by VASPA and dismissed the trial court’s Order. R.S. claimed text messages aren’t cyberstalking under the law, because they were based on the telephone system, not the internet. The court disagreed, stating that such messages could be communicated over the internet and that such a finding was consistent with the law’s broad purpose of protecting victims. The court also stated that R.S. by implicating A.C.’s job potentially infringed on her property rights.

However, those two plaintiff high points were drowned out by the rest of the higher court’s decisions:

• S.’s statement about possible sex acts with her husband wasn’t lewd under the statute because they didn’t include images of genitalia to arouse or gratify someone
• The threat to contact A.C.’s employer doesn’t constitute cyber-stalking because she didn’t threaten to cause injury or harm, make false statements, or commit a crime, which could affect the plaintiff’s job if done

As repulsive and angry as R.S.’ words and actions may have been, they didn’t cross the line into what would trigger VASPA action. But maintaining control should always be your goal, even in the most heated domestic situations.

If you’re involved in a domestic dispute, and what you say or do is reprehensible but not so bad that one order or another will be issued against you, those words might still come back to haunt you. They may be used as evidence of your inability to control yourself and how over-emotional you can become in a way that could hurt your interests, including child custody and parenting time.

Contact Kingston Law Group for Help with Restraining Orders

Please contact us 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.

The post New Jersey Appellate Division: People Say Nasty Things to or About You, but You Still May Not Get a Protective Order first appeared on Kingston NJ Law Group.

Depending on the circumstances, a controversial media post may give your employer grounds to fire you without violating state or federal laws. But there are many variables in this situation that will dictate the outcome. If you’ve posted something that troubles or could trouble your employer, call our office immediately to discuss your concerns.

Charlie Kirk’s Death Causes Flurry of Online Reaction

Charlie Kirk was a young, controversial conservative who gained fame through his podcasts and online presence. He later co-founded Turning Point USA, a nonprofit organization that promotes conservative values. In September, Kirk was murdered by a young detractor while addressing a group at a Utah university.

Kirk became famous, or infamous, due to his controversial views.  He:

• Questioned the intellectual capabilities of women and black people
• Stated that some gun deaths were justified to have Second Amendment protections for firearm ownership
• Claimed that passing the 1964 Civil Rights Act was a mistake
• Portrayed immigrants and those who are transgender as existential threats to the country

Kirk’s death, much like his life, was the subject of a massive outpouring of social media posts, from both supporters and critics. The negative response to Kirk varied widely, from people stating they disagreed with what he said, but he shouldn’t have been killed, with others stating they were happy he was dead.

Some employers of some Kirk detractors fired them as a result. They were privately and publicly employed. Some were exposed by conservative groups seeking negative online comments about Kirk, to get people fired as a punishment.

New Jersey Firing Due to Negative Online Kirk Posting

At least one New Jersey resident lost a job due to a personal Facebook post about Kirk after his death, according to the Rider News. Kate Ecke, a Rider University adjunct professor of social work, was fired on September 17. A college-wide email by Rider President John Loyack didn’t name Ecke but stated, in relevant part:

Today, Rider University took swift and decisive action to terminate an adjunct faculty member whose behavior did not reflect our expectations for respectful and civil engagement. During our review of this matter, several individuals at Rider received a threat directed at our campus as a result of this individual’s actions.

In an interview with the newspaper, Ecke stated she was fired for expressing personal views on her own Facebook account. Some of those posts include:

• “I don’t care that Charlie Kirk got shot. Kids are being slaughtered in their classrooms and the same people crying outrage for him have nothing to say when it’s children in body bags. Spare me the hypocrisy. Charlie Kirk chose his platform—those kids never chose to die at school.”
• “[T]he whole message here is that no one deserves to be shot. At school. In a movie theatre. In a library. You’re missing the whole point of this.”
• “For everyone saying ‘Charlie Kirk didn’t deserve to die that way’: Welcome to the f—ing group chat. That’s what we have been saying all along. No one should be shot, ever. That’s … the whole point of this conversation.”

After Ecke’s dismissal, her Union, the American Association of University Professors, stated it would seek her reinstatement. They took the position that she shouldn’t have lost her job for expressing personal beliefs.

Ecke Was Not the Only One Getting Fired

National Public Radio (NPR) reports it found 33 people (many of them teachers, public-sector employees, firefighters, and military members) were fired, placed on leave, or subjected to investigations after social-media posts criticizing Kirk or expressing opinions about his death.

What Legal Protections Do I Have for Expressing Myself and Keeping My Job?

For most private-sector employees, employment is “at will”:  your employer may fire you for any reason that is not illegal, and you are free to quit your job.  A personal social media post could lead to job termination if the employer chooses to take that step, provided it doesn’t violate the law.

It may violate the law if management tolerates certain extreme social media posts by some employees, but not others. If an employer looks the other way when an employee makes racist remarks about Blacks, but fires someone stating something biased against Whites, they may have violated anti-discrimination or anti-equal protection laws.

Discipline and firings may also be illegal if they’re retaliation against someone because of their past protected actions. If someone posts something controversial who has filed for unemployment or workers’ compensation benefits, or has complained about prior discrimination or illegal employer actions, and is fired, but similar posts by those who haven’t engaged in those acts are tolerated, that could be unlawful retaliation.

As discussed below, the First Amendment to the U.S. Constitution and analogous protections under the New Jersey Constitution also may be a basis to attack unlawful or retaliatory workplace discipline.

You may have more legal protections against discipline or firing if you are employed under the terms of a private contract or your workplace is subject to a collectively bargained agreement.

As a Government Employee, Do I Have More Protections Under the US and New Jersey Constitutions?

Yes, but there are limits. If your public employer disciplines you for your speech, a court will consider whether:

• You spoke as a private citizen, not as part of your official duties,
• You spoke about a matter of public concern
• Your interest in speaking outweighs the government’s interest in maintaining workplace efficiency and discipline

If so, your speech will likely be interpreted as protected by the First Amendment of the US Constitution, and you shouldn’t be disciplined.

New Jersey’s state Constitution offers speech protections: “Every person may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press.”

The N.J. Supreme Court has stated: “New Jersey’s Constitution provides broader protection for free expression than the Federal Constitution and practically all others in the nation.” If you work for a government entity in New Jersey, you may benefit from the increased protection the state constitution offers.

Has Your Employer Treated You Illegally in Some Way?

If you believe your employer violated your rights due to a social media post, 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 or write us today. You’ll be glad you did.

The post “May I Lawfully Be Fired for a Controversial Social Media Post?” first appeared on Kingston NJ Law Group.

It can be challenging to pick the right person for a job. The hiring official may be very good at doing things that have nothing to do with evaluating people’s potential to do a job well. You should be most concerned about those who are very good at interviewing job candidates (they may quickly expose why you’re not a great fit) and those who are very bad at it (they may not realize how good a candidate you are). Most interviewers are somewhere in between.

Here are common questions, things to think about, and how you can approach job interview responses most successfully.

1. “Tell me about yourself.”

This is a typical early interview question. While it can be an icebreaker, it can also set the tone for the rest of the interview. Your answer should give insight into your professional journey, personality, and generally how your experiences align with the opening. You could also talk about why you’re interested in working in that particular industry, and what about your approach to work or personality makes you a good match for the job.

Keep your responses focused on your career. Highlight your key achievements, experiences, and skill sets that make you the best applicant for the role. Tailor your responses to show how your background fits the job you’re interviewing for.

2. “Why are you interested in this position?”

This is an opportunity to show the interviewer that you’ve researched the company and understand the role. What about the job makes it stand out in your mind? How does your education and/or experience set you up well for this role? How does the opening fit into your career plan?

Discuss parts of the job that excite you, like the employer’s growth opportunities, values, or challenges you want to tackle. Show how your skills and passions align with the role’s responsibilities.

3. “Describe when you faced a challenge at prior work and how you handled it.”

People are hired to help employers solve problems, take advantage of opportunities, or both. The employer wants to understand your problem-solving skills, resilience, and approach to difficult situations. Tell the interviewer a true story about a bad work situation that you turned around or how you prevented circumstances from going bad and kept things on track. Choose a situation that’s similar in meaningful ways to the potential job.

Provide clear, structured responses. Employers are looking for people they can trust. Discuss a past incident that shows you can be trusted under pressure.

4. “How do you prioritize tasks when managing multiple deadlines?”

This question concerns your organizational and time management skills, plus your ability to handle stress. The employer wants to know if you can effectively juggle multiple tasks. This can also be an opportunity to discuss your priorities.

• Should operational efficiency take a hit if it means keeping a critical customer happy?
• Did you find ways to make your employer more efficient so that managing multiple deadlines was easier?

You could discuss breaking tasks into smaller steps, setting priorities, and using to-do lists or project management software to stay organized. Talk about when you think you need direction from above to decide what’s the highest priority and best practices to solve it.

5. “What are your strengths and weaknesses?”

These are truly awful questions to answer but be prepared to respond. Make the best of a bad interview situation. Someone posing these questions should couch them in a way to make you understand you need not be perfect to be hired (or they’ll never fill the role). The interviewer may state they’re much better at X than Y and ask about your self-assessment.

An employer may want to know if you are self-aware and capable of acknowledging your strengths and areas for improvement. For strengths, talk about skills that are directly relevant to the job. When discussing weaknesses, choose an area less critical to the job that you’re actively working on improving, and explain what you’re doing to grow.

6. “Where do you see yourself in five years?”

The economy is far more fluid than it was in the past. The days of lifetime employment in a single place are gone. Not only are people switching jobs faster, but they may work as an employee, then as an independent contractor, then back to an employee.

If you’re asked this question, your potential employer wants to assess your career goals and how well they align with the company’s objectives. The employer justifiably wants to know if you’re likely to stick around or if you’re looking for a temporary gig.

Be realistic about your career trajectory while showing enthusiasm for growing within the company. Highlight your desire for professional development and how it aligns with the company’s values and mission. Keep in mind your work history when making this response. If you have a long history of frequent job jumping, claiming you’re looking for a lifelong work home may be seen as less than credible.

7. “Why did you leave your last job?”

This is a straightforward question that can be a bomb waiting to go off, depending on your situation. If you’ve never been fired or had problems with prior employers, highlight these facts. If you’ve been fired, you lie about it, and your next employer learns about your lie, they could fire you, too.

It’s best to do some damage control. Don’t say “fired.” You may want to state something like you were “let go” or “separated” and paint with a broad brush. Talk positively about what you learned from the situation and why you’re in a better position to fill this next role. If you have a severance agreement with a previous employer, what you (and your prior employer) can say about the situation may be spelled out in the contract. If so, stick to it and don’t go off script. Always produce the severance agreement to your next possible employer. Failure to do so may result in a lawsuit against you and your new employer. Not a good way to start with a new employer.

Don’t dump on or blame your prior employer if your job didn’t end well. This is the last thing a potential employer wants to hear.

8. “Do you have any questions for us?”

Interviews are two-way streets. You need to get information and insight from those interviewing you. You also need to respond to their legitimate needs and concerns. You’re not there just to be of assistance to them. If you’re not asked if you have questions, say you have questions to ask and make the most of them.

You not only want to learn about the job and promotional opportunities, but also about the employer in general. If you take the job, how safe is it? Is the employer facing serious challenges? Research the company and carefully ask about any relevant bad news you find.

Be sure to ask if you may speak with your peers in the new organization. Sometimes you will get affirmation of why the prospective employer is a good place to work. Sometimes people will candidly tell you to “RUN!”

Try to get a realistic, not-bright-skies-and-rainbows view of the job. Ask what an average day will be like and the positive and negative parts of the role. Are they hiring because of expansion? Is there high turnover, and you’re expected to plug gaps created by employees headed out the door? The answers could be the difference between having your heart set on getting the job or leaving the interview wanting to wash your hands of the place.

Your goal is not to get a job, but a great job.

When it’s time for the interview, hope for the best, and prepare to respond to questions to increase your chances of success. Best of luck to you!

Kingston Law Group: Get Employment Law Help You Need from Attorneys You Can Trust

The worst interview questions to deal with are the illegal ones. Thanks to this prior blog, you’ll know how to handle them.

If you have any questions about employment law, call the Central New Jersey law offices of Kingston Law Group at 609-683-7400, or contact us online for a near-term reduced-fee initial consultation. We will listen to your facts, explain applicable laws, and advise you on how best to obtain legal, economic, and social justice.

The post Job Interview Questions that Matter: What Employers Want to Know first appeared on Kingston NJ Law Group.

Most custody arrangements are established through negotiations, either before or after a custody evaluation and report has been completed. The evaluation may be crucial to the outcome of a custody dispute. In making a decision, when it comes to an expert’s stated opinion, the Judge will rely on the following:

• Their knowledge and understanding of the case’s evidence
• Their experience in other custody disputes
• A credible, thorough evaluation by the psychologist hired by the court, retained by a party, or both

The evaluator’s role, what they should and shouldn’t do, are keys to the outcome. The following are insights into the process by the American Psychological Association (“APA”).

What Outcome is in the Child’s Best Interests?

Psychologists should focus on factors relevant to the child’s psychological best interests. They must weigh factors like:

• Family dynamics and interactions
• Cultural and family environment issues
• All the parties’ challenges, aptitudes, and attitudes
• The child’s educational, physical, and psychological needs

While psychologists should respect and understand the parents’ concerns, those are secondary to the child’s welfare.

Not every evaluation will result in a recommendation. A psychologist may decide that the available data are insufficient to give one. If a recommendation is given, a Judge will expect it to be supported by the facts collected.

The evaluator must avoid personal bias or unsupported beliefs. Per the APA: “Recommendations are based upon articulated assumptions, interpretations and inferences consistent with established professional and scientific standards.”

The More Sources of Information, the More Sound the Recommendation May Be

The evaluator should use data-gathering methods to improve the reliability and validity of the psychologist’s opinions, conclusions, and recommendations. They contribute to a more complete picture of the parents’ abilities and challenges and the child’s needs.

Direct methods of gathering data can include the following:

• Psychological testing
• Clinical interviews
• Behavioral observation

Psychologists should also use documents from various sources (including schools and child and health care providers) and contact extended family, friends, and acquaintances when the information is likely to be relevant (“collateral sources”).

Evaluators Must Take a Scientific Approach

The most valuable contributions a psychologist can make are clinically appropriate and the result of a scientifically sound approach. Issues central to the court’s decision include the following:

• Parenting qualities
• The child’s psychological needs
• Results of psychological testing

The most helpful evaluations focus on the parents’ skills, deficits, values, and tendencies concerning meeting the child’s psychological needs.

A Psychologist Shouldn’t Allow Their Biases to Impact Their Recommendation

Child custody cases can be emotionally charged and complex disputes over highly personal matters. The parents are usually deeply invested in the outcome they want. Court appointed evaluators must be as free as possible of bias or partiality.

Evaluators must also be aware of their biases, and those of others, concerning the following qualities of the parents:

• Age
• Gender
• Gender identity
• Race
• Ethnicity
• National origin
• Religion
• Sexual orientation
• Disability
• Language
• Culture
• Socioeconomic status

Biases will likely interfere with data collection and interpretation, impacting the evaluator’s ability to develop valid opinions and recommendations. The evaluator shouldn’t work on the case if biases can’t be overcome.

Conflicts of Interest Make a Recommendation Less Credible

Conflicts of interest are another issue that can impair a fair recommendation and must be prevented. They undermine the court’s confidence in psychologists’ opinions and recommendations, and the psychologist may also face professional discipline and legal liability.

Psychologists must refrain from taking on the role of a child custody evaluator if scientific, personal, legal, professional, financial, or other relationships or interests could reasonably be expected to cause impaired impartiality, effectiveness, or competence.

Conflicts of interest are unacceptable for a court-appointed evaluator. When a party hires a child psychologist to evaluate the family and give an expert opinion, s/he must commit to giving a truthful and complete report, not simply parrot what one party or the other may request. Judges will consider that risk when they decide how much weight to give a party’s professional opinion.

Contact Kingston Law Group for Help with Child Custody Matters

For help with child custody disputes, 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!!

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The post What is a Child Custody Evaluation? first appeared on Kingston NJ Law Group.

If your employer tells you that you can’t take off to care for your child and no one else is available, here are some legal issues to consider.

Federal Family Medical Leave Act (FMLA)

This law provides eligible workers of covered employers with job-protected leave for qualifying family and medical reasons. FMLA leave may be paid or unpaid. When employees return to work after FMLA leave, they must return to the same or a nearly identical position.

You may have a federally protected right to take time off to care for your child if the law covers you, your employer, and your child’s illness. Employees are eligible when:

• They work for a covered employer
• For at least 12 months
• Have at least 1,250 hours of service with their employer during the 12 months prior to the start of their FMLA leave and
• Work where the employer has at least 50 employees within 75 miles

Employers are covered under the following circumstances:

• They’re in the private sector and employ 50 or more employees during 20 or more workweeks in the current or previous calendar year
• Public agencies, no matter how many they employ, and
• Local, private, and public educational agencies, no matter how many they employ

Leave can be for caring for a child, spouse, or parent with a serious health condition. That generally involves a period of incapacity. That means the person can’t work, go to school, or perform other regular daily activities because of their health condition, treatment, or recovery.

Eligible employees may use up to 12 weeks of FMLA leave in 12 months for any FMLA leave reason except military caregiver leave.  You can take FMLA all at once, break it up, or reduce your schedule.

The New Jersey Family Leave Act (NJFLA)

Like the FMLA, but based on state law, you may have a protected right to take time off to care for your child if you, your employer, and your child’s illness are covered.

The state’s family leave law allows eligible employees of covered employers to use up to 12 weeks of protected leave in a 24-month period to care for a family member or your relationship is close to that of a family.

The NJFLA allows eligible workers to care for a family member or someone who’s the equivalent of a family member under the following circumstances:

• They have a serious health condition
• During a state of emergency
• They’re quarantined or isolated due to suspected exposure to an infectious condition
• You’re providing needed care or treatment for a child if their place of care or school is
• closed due to an order of a public official because of a contagious disease, epidemic, or other public health emergency

A “serious health condition” is an injury, impairment, mental or physical condition which requires:

• Care from an inpatient hospice, a hospital, or a residential medical care facility, or
• Continuing medical care or supervision by a healthcare provider

An NJFLA “eligible employee” is one who:

• Works full- or part-time
• For a local or state government agency that has at least one employee or
• For an organization or company with 30 or more employees anywhere
• Has worked for their employer for at least a year
• Has worked at least 1,000 hours in the prior 12 months

The NJFLA offers wider coverage than the FMLA but doesn’t include all employees.

Potential Criminal Charges for Not Caring for Your Child

Parents feel pressure to care for their children, even if the boss says “Go to work.” This may or may not be an actionable claim under New Jersey and federal employment law statutes, yet failing to take care of a sick child could be a violation of civil and criminal law. The New Jersey Statutes state in part, “Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who causes the child harm that would make the child an abused or neglected child…is guilty of a crime of the second degree.”

Relevant parts of other state laws include:

• “Abandonment of a child shall consist in any of the following acts by anyone having the custody or control of the child: (a) willfully forsaking a child; (b) failing to care for and keep the control and custody of a child so that the child shall be exposed to physical or moral risk without proper and sufficient protection… Neglect of a child shall consist in any of the following acts, by anyone having the custody or control of the child…willfully failing to provide proper and sufficient…medical attendance or surgical treatment…or …failure to do or permit to be done any act necessary for the child’s physical…well-being.”
• “Any parent, guardian or person having the care, custody or control of any child, who shall… abandon, be…neglectful of such child, or any person…neglectful of any child shall be deemed to be guilty of a crime of the fourth degree.”
• ‘”Abused or neglected child” means a child less than 18 years of age whose parent or guardian… whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent or guardian…to exercise a minimum degree of care…in supplying the child with adequate…medical or surgical care though financially able to do so or though offered financial or other reasonable means to do so…”’

A second-degree criminal conviction in New Jersey would result in a prison sentence of five to ten years, a fine of up to $150,000, and a criminal conviction on your record. A fourth-degree crime calls for a sentence of up to 18 months in prison and a fine as high as $10,000. You would also risk losing custody of your child, whether through legal action by the state or the other parent or guardian, any of whom could file a legal action in family court.

Contact Kingston Law Group

Kingston Law Group handles matters involving the federal Family and Medical Leave Act, the New Jersey Family Leave Act, allegations of child neglect, and custody matters. If you seek or obtain either kind of family medical leave and management punishes you in response, you may be entitled to compensation through a retaliation claim.

If you are stuck in this no-win situation, please contact our Central Jersey law office at 609-683-7400 toll-free to arrange a consultation so you can make the best choice possible. 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.

The post “Can My Employer Fire Me for Caring for My Sick Kid?” first appeared on Kingston NJ Law Group.

Important Note: This article is intended as general information, not legal advice. For specific help, speak with an employment law specialist in your jurisdiction or where you report to work.

Since 1965, U.S. states and cities have been fighting gender, age, race, disability, and ethnicity discrimination in the workplace. More recently, the nation’s courts have accepted cases brought on behalf of LGBTQ+ workers. Left unaddressed, workplace discrimination of any kind often results in wage disparities between preferred workers and discrimination victims of.

As part of that fight, some states and a few cities now require wage and benefits transparency, including mandatory disclosure to job applicants as to salary ranges and benefits.

But what about jobs that are remote from the job site, maybe even a state or more away? Are those employers required to disclose salary ranges and benefits?  The answer is mixed. Clearly, more needs to be done to shore up the rights of remote workers. Public policy should not depend on happenstance, where two applicants, similarly situated, are treated differently regarding wage transparency. To put it another way, people should not be treated disparately based solely on location: who works in the plant and who works from home.

Some states include vague language that can be interpreted as covering remote positions, while others mention it explicitly. The following is a list of states, plus the District of Columbia and New York City, which have disclosure requirements for posted job openings – and, as indicated, job openings that may be filled remotely.

California
California’s Labor Commissioner requires a covered employer’s pay scale to be included in a job posting if the position may be filled in person or remotely.

Colorado
The Act’s pay disclosure provision explicitly covers remote jobs. Any employer with any staff in the state “shall disclose compensation in each posting for each job,” except for jobs that could only be performed out-of-state beyond the reach of state law. An employer posting a position that could be done anywhere would be covered by state law.

Connecticut
Salary information need not be disclosed on a job posting but must be disclosed at whichever event comes first—the applicant’s request or at some point before they’re offered a job.

District of Columbia
Covered employers must disclose the wage range, a description of benefits, and a description of any other compensation for any public or internal job postings. There’s no mention of remote workers in the law.

Hawaii
The Hawaii law is silent regarding whether its pay disclosure law applies to remote positions.

Illinois
Illinois law applies to positions physically performed at least partially in Illinois, or they will be based outside the state, and the person reports to an Illinois supervisor, office, or work site.

Maryland
Covered employers must disclose a wage range, a general benefits description, and list any other compensation that comes with the job for all public or internal job postings, as long as the job is physically performed at least partially in Maryland. That seems to include remote employees.

Nevada
A salary range and benefits description must be disclosed when the interview process is complete. It is unclear whether that description must be given to remote job applicants.

New York
Employers must disclose salary or wage ranges in ads for jobs, promotions, or transfers. There must be minimum and maximum annual salaries or hourly wages in advertisements for jobs, internal transfers, or promotions. The law has conflicts as it states this is required only if the work is physically done in New York. It also states it applies to work done out of the state, but the person reports to a supervisor or office in New York State.

New York City
The city requires pay and benefit disclosures for jobs that can be performed in the city but not for those who do not perform work there.

Rhode Island
Pay and benefit information must be given to applicants at their request. This is vague on the issue of remote workers.

Washington
Each posting must disclose the wage scale or salary range, a general benefits description of all the benefits, and a list of other compensation for the job. This is vague on the issue of remote workers.

Do You Have Questions About Your Employer’s Hiring Practices?

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

The post Must Employers Nationally Post Salary Ranges for Remote Positions? first appeared on Kingston NJ Law Group.

employee rights attorney princeton nj

The state’s Wage Theft Act (WTA) was signed into law in 2019. Its provisions are meant to punish and prevent intentional “wage theft” by greatly expanding employer liability compared with prior versions of the law. The WTA substantially changed three key wage statutes:

• NJ Wage Payment Law, which covers the time and type of employees’ wages;
• NJ Wage and Hour Law, which requires payment of minimum and overtime wages; and
• NJ Wage Collection Law, which enables the Department of Labor to investigate and remedy violations.

1. New Jersey Wage Payment Law

The WTA expressly prohibits retaliation against workers complaining about alleged wage payment violations. Anti-retaliation covers:

• Formal complaints filed with the NJDOL or a state court;
• Complaints to employers or employee representatives; and
• General discussions about wage rights with other employees.

If an employer takes an adverse action against an employee within 90 days of the employee’s filing a complaint with the DOL or in a court, there’s a rebuttable presumption the employer took those steps to retaliate against the employee. In addition to penalties and remedies, the WTA states an employer may need to offer reinstatement to a worker discharged for complaining about a legal violation.

Before the amended law’s passage, courts allowed employees to sue employers for alleged legal violations. The WTA expressly put that right into the statute, and expanded employer potential liability. Employees can recover attorneys’ fees and up to 200% percent of the wages recovered, so a successful employee may get three times the wages they claim.

Employers have a “good faith” defense when facing these claims, if it’s a first offense, they admit to the violation, and they pay the employee the disputed wages within 30 days.

“Knowing” statute violations can result in jail time:

• First-time violators may get a fine from $500 to $1,000 and/or prison time between 10 and 90 days
• Second or later violators may get a $1,000 to $2,000 fine and/or imprisonment from 10 to 100 days

The statute deems each week of violations as separate and accumulating offenses.

2. NJ Wage and Hour Laws

The NJWHL expressly prohibited retaliation even before the WTA’s enactment. However, the WTA significantly amended the anti-retaliation provisions of the NJWHL, as well as the remedies and penalties available for violations of same.

Significantly Expanded Employer Liability

The WTA significantly expanded employer liability for violations of the NJWHL. In addition to increased penalties for retaliation, the WTA allows, for the first time, liquidated damages of up to 200 percent of the wages recovered (for minimum wage, overtime wage, and/or retaliatory violations), and extends the statute of limitations from two years to six years. Successful claimants continue to be eligible to recover attorneys’ fees. Although, as with the NJWPL, first-time offenders may avail themselves of a good-faith defense to liquidated damages, in certain limited circumstances, the WTA’s provision for treble damages and tripling of the limitations period could result in recoveries up to nine times larger than would have been available before the WTA.

Significant Amendments to NJ Wage Collection Law

Expanded NJDOL Investigative Authority / Employer Liability

The NJDOL is authorized to investigate alleged violations of “State wage and hour laws,” which are defined to include the NJWPL and the NJWHL, among others. The WTA expands the NJDOL’s investigative and enforcement authority in two key respects: First, the WTA authorizes the NJDOL to hear employee claims of retaliation in violation of State wage and hour laws. Second, the WTA increases the jurisdictional limit on claims the NJDOL can hear from $30,000 to $50,000.

The WTA also expands the liability employers may face in proceedings before the NJDOL. The NJDOL may now investigate both wage and retaliation claims going back six years from the date a claim was filed and may order the payment of liquidated damages of up to 200 percent of the wages found due. Further, the WTA provides that where employers fail to maintain adequate records, the agency will presume that the employee is entitled to the amounts claimed in the complaint, and the employer will have the burden of proving otherwise.

Significantly Increased Audit Risk

The WTA further amends the NJWCL to increase audits. When the NJDOL finds an employer owes an employee more than $5,000 in wages, the NJDOL must now: (a) inform the employer of the NJDOL’s right to audit the employer, or successor firms; and (b) notify the Division of Taxation of the wage liability finding and recommend the Division of Taxation also perform an audit to ensure proper withholding and payment of payroll and other taxes.

License Suspension / Stop-Work Orders for Failure to Timely Comply With Orders

The WTA increases the NJDOL’s ability to enforce its own determinations and court judgments requiring the payment of wages and/or damages to employees. Importantly, where an employer fails to comply with an NJDOL determination or court judgment to pay wages or damages to an employee within 10 days of when that payment has been required, the NJDOL may direct the appropriate state agencies to suspend licenses held by the employer or its successor company until the employer complies with the determination or judgment. The NJDOL may also issue stop-work orders against violating employers, which may last until the violation is corrected, and which may result in the employer being placed on probation for two years, during which the employer may be required to file periodic compliance reports with the NJDOL. The stop-work orders will apply only at the employer location where the violation occurred. The WTA also sets forth extremely low standards for determining what may qualify as a successor entity.

Joint and Several Liability With Staffing Agencies

The WTA provides that “labor contractors” (e.g., staffing agencies) that provide laborers or workers to “client employers” shall be jointly and severally liable for violations of State wage and hour laws. The WTA states that both the staffing agency and employer have the right to recover the costs associated with the other’s violations, a nuance that increases the likelihood of litigation between staffing agencies and their client companies.

Required Distribution of the Statement of Employee Rights Under State Wage and Hour Laws

The WTA requires employers to provide current and newly hired employees with written copies of the statement produced by the NJDOL regarding employee rights under the State wage and hour laws. The NJDOL has not yet issued any new statement in response to the WTA.

NJDOL Partnerships with Community and Legal Aid Organizations

The WTA empowers the NJDOL to contract with community-based organizations and legal services organizations to disseminate information to workers and assist workers aggrieved by violations of New Jersey’s wages and hour laws. This provision allows the NJDOL to engage these organizations directly to investigate alleged violations of the State wage and hour laws, and even to prepare and/or represent employees in connection with actions arising under State wage and hour laws.

Wage Violator “Naming and Shaming”

The WTA now empowers the NJDOL to post wage enforcement information on its public website. Among other things, the information will include the names and addresses of violating employers, the nature of the claims, the number of affected employees, the amount of wages found to be owed, and any penalties, license suspensions, or revocations resulting from the claims.

Pattern of Wage Nonpayment Crime

Lastly, the WTA created a crime of “pattern of wage nonpayment”, defined as committed when an employer knowingly violates, for more than a second time, the wage payment laws subject to the WTA. Pattern of wage nonpayment is a third-degree crime, and is punishable by imprisonment for three to five years and/or a fine of up to $15,000. Critically, there is no presumption of non-imprisonment. This provision took effect November 1, 2019.

NON-RETROACTIVITY OF REMEDIES

The WTA’s provision of enlarged wage and hour statutes of limitations substantially increased causes of action, penalties, and damages, and the NJDOL’s enhanced investigative and remedial authority, should concern all New Jersey employers. These changes make employee claims more attractive, and employers should expect new litigation—and aggressive enforcement by the NJDOL itself. Employers should conduct internal pay audits, timekeeping, and recordkeeping practices in light of expanded liability under the WTA.

In Maia v. IEW Construction Group, the New Jersey Supreme Court decided a critical issue in employers’ favor regarding the “look-back” periods and availability of liquidated damages under New Jersey’s Wage and Hour Law (WHL) and Wage Payment Law (WPL).

Background

As background, the WHL requires covered employers to pay non-exempt employees overtime compensation and minimum wage. The WPL regulates the time, manner, and mode of wage payments.

Effective August 6, 2019, New Jersey passed the Wage Theft Act (the Act), which amended the WHL and WPL by adding enhanced damages to prevailing plaintiffs, such as liquidated damages “equal to not more than 200 percent of the wages lost or of the wages due.” The Act also amended the “look-back” period for the WHL from two years to six years.

The plaintiffs in Maia alleged that their employers violated the WHL and WPL by failing to pay them and similarly-situated individuals for pre- and post-shift work. The plaintiffs asserted that they were entitled to the six-year look-back period because they filed their complaint after August 6, 2019, the effective date of the Act. In other words, they argued that the longer statute of limitations, effective at the time they filed their lawsuit, should apply, instead of the shorter statute of limitations that was effective at the time the underlying conduct occurred. In turn, the longer statute of limitations would mean a longer time period for which potential damages could be alleged and more potential plaintiffs that could have been impacted.

The Wage Theft Act’s Amendments Are Not Retroactive

The New Jersey Supreme Court held the Act’s amendments are not retroactive. Consequentially, the plaintiffs’ wage-hour claims arising before August 6, 2019, were permanently dismissed.

The Court undertook a detailed analysis of the factors to be considered when weighing retroactivity. Ultimately, the Court reasoned that the Act’s amendments should only apply prospectively because the statute was silent on retroactivity and by adding liquidated damages and other remedies and extending the statute of limitations in the WHL, the Act “impose[d] new legal consequences to events that occurred prior to its enactment.”

Accordingly, “for claims based on conduct that occurred prior to August 6, 2019—[the Act’s] effective date—plaintiffs cannot rely on [the Act’s amendments]. Any claims for new damages or remedies added by [the Act] can be brought only as to conduct that took place on or after August 6, 2019.”

Takeaways

Maia provides New Jersey employers a defense to wage-hour allegations predating August 6, 2019, which were not brought within the then-existing two-year statute of limitations. This also means that employers will not face the full six-year potential liability period until August 6, 2025. It also provides powerful precedent that any after-passage amendments to New Jersey’s wage-hour and other employment laws — especially laws that increase penalties and potential damages — should also only apply prospectively — unless the Legislature specifies otherwise.

If you have questions about your rights under the NJ Wage Theft Act and related statutes, write or call The Kingston Law Group today. You will be glad you did.

The post New Jersey Wage Theft Act Encourages Affected Employees to Act in Their Own Financial Interests first appeared on Kingston NJ Law Group.

If you’re getting married, a Prenuptial Agreement is something you should seriously consider and spend time and effort to thoughtfully put together. It may greatly lessen potential conflicts if you later divorce, because property and financial issues will already be determined.

Ideally, you’ll never get divorced, and the Agreement will be filed away and never seen again. yet we don’t live in an ideal world, and about half of all marriages end in divorce – including marriages of people who already have been divorced from others before.

Do: Create a Binding Contract

Although a Prenuptial Agreement impacts your rights and interests as defined by family law, it’s based on contract law. A contract is a voluntary obligation that results from a shared intention due to an offer and acceptance of terms. For a contract to be valid, there must be:

• Agreement among the parties, which follows an offer and acceptance. The offer must be specific enough so the other party knows their rights and duties. In this context, the parties exchange promises that after the wedding, they will do certain things or refrain from doing other things.
• In contracts, generally, the parties must exchange consideration. They’re required to give each other something of value, which can be satisfied merely by agreeing to do or not do certain things.
• If a party is subject to duress, undue influence, or fraud, they can’t knowingly and willingly enter into the contract. Their apparent agreement through signature has no legal effect, and the contract can’t be enforced.
• All parties must have the legal capacity to enter into a contract. They must understand the nature of their action and of the rights and obligations created under the Agreement. Legal capacity can be an issue if a party has a mental illness, is intoxicated at the time of signing, or is not old enough to bind themselves to a contract. New Jersey permits contract entry by those over 18.

Some requirements are specific to Prenuptial Agreements.

Do: Comply With Formalities

The agreement must be written, have a statement of assets and debts for each party attached, and be signed by both parties, according to state statute.

Don’t: Exclude Child Support

A Prenuptial Agreement can’t affect a child’s right to child support.

Don’t: Make the Terms Unconscionable

A party challenging a Prenuptial Agreement can later claim the terms are unconscionable. In this context, that means they later may claim (whether true or false) they didn’t:

• Get a full and fair disclosure of their future spouse’s earnings, property, and financial obligations
• Voluntarily and in writing expressly waive any right to receive their future spouse’s disclosure of property or financial obligations
• Consult with an independent attorney and didn’t waive, expressly and voluntarily, in writing, the opportunity to do so

Since the Agreement focuses on property and financial issues, both parties must fully disclose this information prior to signing the Agreement.

Neither Do’s Nor Don’t’s, But Topics That Should Be Covered

New Jersey’s Prenuptial Agreement statute spells out what a Prenuptial Agreement must contain, but, while not required, certain important topics should be included, such as:

• The parties’ obligations and rights in the property of either or both, no matter when it was acquired, in whose name titled, or where it is located
• The right to sell, buy, use, exchange, transfer, abandon, lease, expend, assign, create a security interest in, encumber, mortgage, dispose of, manage, or control property
• How property will be handled if the parties separate, divorce, die, or after some other event
• Changing or eliminating spousal support
• Making a Will, trust, or other arrangement to fund the Agreement’s provisions
• Ownership rights in and disposition of death benefits from life insurance policies
• Setting forth which state’s laws will be used to interpret or enforce the Agreement, no matter what state’s court are called upon to do so in the future

If the parties agree that a Prenuptial Agreement is a good idea, then please contact our office. You may be unaware of many important issues and be unprotected if they’re not addressed. Both parties have obligations they must fulfill for the Agreement to be enforceable. We ensure our clients live up to the law and make sure the other party does the same.

We do NOT represent both parties; by law and ethics, we only may represent one party to the Agreement.  We routinely provide a list of other lawyers with whom we work well, in case the other party wants to consult with someone we already know and trust.

Contact Our Family Lawyers About a Prenuptial Agreement

If you want to speak with an attorney about a Prenuptial Agreement, divorce, or another family law matter, please contact our Princeton office. We offer general appointments from 9 a.m. to 5:30 p.m., Monday to Friday, plus evening appointments during the week by pre-arrangement. We accept credit card payments. Please write  us online or call 609-683-7400.  Call today. You will be glad you did!

The post Prenuptial Agreements in New Jersey:  To Do and NOT To Do first appeared on Kingston NJ Law Group.

Your employer may have policies offering these benefits, but don’t count on enforcing them by a contract claim if they’re violated. Most employers hedge their benefits and handbooks with dismissive language, making them difficult to enforce.

On the other hand, an employment offer letter, contract, or comprehensive handbook listing all the benefits for which you become eligible upon accepting employment may be easier to enforce.

Sick Time

Federal laws don’t require employers to offer paid sick time off. However, New Jersey employees may get compensation from the state’s earned sick leave and temporary disability insurance programs.

The disability insurance program provides cash benefits to those who can’t work because of a mental or physical health condition as long as it’s not related to their work (if it is, you should consider filing a workers’ compensation claim). To receive them, your healthcare provider would certify how long you will be out of work to recover, up to 26 weeks. Most New Jersey employers are required to have this insurance for employees.

You must pay into the program through your employer and meet minimum gross earnings requirements. You must have worked at least 20 weeks and earned at least $283 every week or earned $14,200 in the base year (the 15 months before your disability starts).

Exemptions include:

• Federal government employees
• Those working outside New Jersey
• Employees of faith-based organizations
• Independent contractors

Local government employees, including those working for schools, may or may not be covered since their participation in the program is optional.

New Jersey employers must provide temporary, full- and part-time employees with up to 40 hours of earned sick leave annually so they can care for themselves or a loved one. It can be used:

• To care for themselves or a loved one
• For a mental or physical health or injury
• To address sexual or domestic violence against themselves or a loved one
• To attend a child’s school-related event, conference, or meeting
• For a quarantine based on advice from a public health authority or healthcare provider
• To care for their children if their childcare or school is closed because of a public health emergency or epidemic

If you have a sick leave policy, it must meet or exceed the state’s legal requirements.

Earned sick leave doesn’t cover the following:

• Those working in construction with a union contract
• Per diem healthcare workers
• Public employees provided sick leave at full pay under another state law or rule
• Independent contractors who aren’t an employee under New Jersey law

You earn one hour of earned sick leave for 30 hours worked, up to 40 hours per benefit year (any regular and consecutive 12-month period determined by your employer). You’ll earn 5.33 hours of earned sick leave in four weeks if you work 40 hours a week.

Paid Time Off (PTO)

Neither state nor federal law requires employers to provide paid time off — except for Paid Sick Time benefits discussed above. Such non-mandated benefits include personal and vacation time. An employee isn’t entitled to payment for accrued PTO before their discharge because it’s not considered wages under state law, except as otherwise provided by an employer’s PTO policy. Federal law doesn’t require ex-employees to be paid accrued PTO after leaving their ex-employer.

Overtime (OT)

State and federal laws require you to be paid more if you’ve worked more than a certain amount of time in a week. Under New Jersey law, an employer must pay each employee not less than 1.5 times their regular hourly rate for each worked hour in excess of 40 hours a week. The exceptions include:

• Anyone working in a “bona fide” executive, administrative, or professional capacity
• Employees working on a farm or in a hotel
• Bus company employees
• Limousine drivers working for a company that operates limousines
• Employees who raise or care of livestock

The federal Fair Labor Standards Act (FLSA) requires the same thing but with different exceptions. They include:

• Commissioned sales employees of retail or service companies if more than half of their earnings are commissions and their average pay is at least one and one-half times the minimum wage for each hour they work
• Some computer professionals receiving at least $27.63 hourly
• Drivers, driver’s helpers, loaders, and mechanics working for motor carriers if their work affects the safe operation of vehicles that transport passengers or property between states or to or from another country
• Farmworkers on small farms and other farming operations
• Salespeople, mechanics, and those who work in parts departments for auto dealerships
• Those working for certain seasonal and recreational businesses
• Executive, professional, administrative, and outside sales employees paid on a salary basis

Under the FLSA, salaried employees are generally exempt from overtime requirements. But if they make less than $684/week, they may be entitled to overtime pay, which would be their weekly pay divided by 40 (for the number of hours in a workweek) multiplied by 1.5.

If you’re not protected by one law, the other may apply.

Unemployment Benefits

Every employee who works for at least 20 weeks earning at least $283 per week is eligible to collect unemployment benefits upon firing, being laid off, or management offering substantially worse terms and conditions of employment than previously enjoyed.  Unemployment benefits are paid based on workers’ deductions from their pay.  They last up to 26 weeks.  The NJ Department of Labor requires those drawing on unemployment insurance benefits to be eligible for work (not disabled) and looking for work.  There is a reporting requirement imposed as a condition of benefits.

If you are initially declared disqualified, you have the right to file an appeal and argue your case.  Our law firm does that work on behalf of employees at a flat rate for the appeal.

Kingston Law Group Offers the Help You Need from the Lawyers You Trust.

The Kingston Law Group can help. Our employment law attorneys protect the rights of employees and help them hold employers accountable for their behavior and policies of any type or stripe. If you have questions about wage and hour issues or need legal representation, email us at hisaacs@kingstonlawgroup.com or call us at 609-683-7400 to arrange a consultation at our Mercer County law office. You will be glad you did!

The post Sick Days, PTO, and OT, Oh My! first appeared on Kingston NJ Law Group.

There are about 128 million households in the US as of last year, according to the Humane Society of the United States, and 90.5 million of them (or about 70%) include pets. There were nearly 690,000 divorces in the US in 2021, reports the federal Centers for Disease Control and Prevention. If 70% of these couples had pets, that’s an estimated 483,000 potential matters involving pet custody conflict.

Are Pets Property?

Pets are property in a New Jersey divorce but not subject to monetary compensation determinations like a vehicle or piece of art may be. They’re special property because of our emotional attachment to them. We have emotional bonds with our animals that we don’t usually have with appliances or furniture. If your dog is more faithful to you than your spouse, then it is your pooch who may deserve your love and attention.

How Are Pet Custody Disagreements Resolved Before a Divorce Trial?

If a couple disagrees about who gets a pet, there are probably other unresolved disputes involving child custody, child support, alimony, and division of property. If pet custody is essential to both spouses, they can, pun intended, horsetrade. That could be property, cash, or taking over a financial obligation.

As with a child, there can be shared pet custody where both make important decisions concerning the pet’s welfare, or one party may be satisfied with just visitation rights and spend less time with the animal. A mediator could help spouses find common ground and resolve disagreements over pets and co-parenting.

How Would a Judge Consider a Pet Custody Issue?

If one spouse possessed the pet before marriage, it probably will be considered personal property, not subject to equitable division through the divorce. It’s more complicated if the pet joined the family during the marriage.

If the parties can’t work out their differences, factors that may tip a pet custody decision in a party’s favor include:

• Who has a deeper bond with the pet and spends more time with it?
• Who has primary custody of children who want to spend time with it?
• Who is the pet’s primary caregiver?

Depending on the circumstances, shared custody may be ordered. If custody of a child is disputed, a judge will decide based on the child’s best interests. If custody of a pet is to be determined, the decision is more about what’s in the parties’ best emotional interests, not the pet’s best interests, but that certainly can be a factor in the decision.

Pre-Nups for Pups

A prenuptial or postnuptial agreement can spell out who’s entitled to what property (including pets) if the marriage ends. These are binding contracts created before or during a marriage. Though it may be difficult to discuss a marriage’s end, the cost of such an agreement will be far less than litigating pet custody during a divorce. These agreements have certain requirements to be legally enforceable so you should contact our office before putting one together on your own.

Pet Plans

Whether as part of an agreement or court order, there should be a plan in place so each party knows their responsibilities. The more vague a party’s obligations, the more likely there disputes will arise because they’re not met.

A pet plan should include:

• Identifying the pet’s primary owner/caregiver
• Living arrangements
• Scheduled visitation times
• Financial arrangements for the pet’s care
• Who’s responsible for veterinary care
• How the parties will make important decisions about the pet’s welfare
• What happens if one party is unwilling or unable to care for the pet

If you have children, you may want to mirror a parent’s time with the children and pet, which may benefit all involved.

Get the Help You Need From a Divorce Attorney You Can Trust

If your spouse and you can’t agree on who will care for your pet after your divorce or other important issues, hire a family law specialist attorney to represent you. Kingston Law Group attorneys are available when you need us. We are compassionate counsel and tough advocates.

Call 609-683-7400 or contact us online to schedule a near-term reduced fee initial consult at our Central Jersey offices in Princeton. We will listen to your facts, advise you on the law, and recommend the best path to social and economic justice for you. Call us today! You will be glad you did.

The post Upon Divorce, Who Gets the NJ Pet? | Pet Custody first appeared on Kingston NJ Law Group.