Following are excerpts from newsletters recently published or soon to be published by various sections of the New Jersey State Bar Association. These briefs represent a small sampling of the informative articles available to NJSBA section members, who also have access to back issues of newsletters online at
by logging in using their member identification number.
Labor and Employment Law Quarterly
Information Technology Agency Claims Against Departing Employees
by Colin M. Page
There is a community of information technology (IT) employment agencies in New Jersey that employ programmers and other computer professionals that they ‘loan’ to companies for extended periods to work on various IT projects. In many cases, these agencies rely heavily on foreign, H1-B employees. Some of these IT agencies regularly sue employees when they leave employment. The claims include breach of contract, violation of restrictive covenants and various tort claims, such as fraud and tortious interference. The damages sought include H1-B processing fees, the alleged value of ‘training,’ lost profits from the failure to complete projects and unspecified ‘business’ or ‘reputational’ damages. Often the damage claims are in the six figures.
The IT agencies contend they are merely seeking to recoup legitimate losses and investments they made in their employees. Employees and critics of such practices claim these agencies are using systematic litigation against departing employees as a means of punishing people for leaving, thereby coercing their existing workforce into staying with the agency.
This article will discuss the various defenses and counter-claims available to employees who are being sued by their agency-employer.
New Jersey Family Lawyer
Imputing Income to a Non-Working Spouse During the Pendente Lite Period: A Violation of the Status Quo or a Practical Step Toward the Reasonably Comparable Lifestyle?
by Robert A. Epstein
pendente lite support determination is widely considered one of the most critical a trial judge will render during a divorce proceeding. The outcome, which commonly stems from the matrimonial litigant’s first stroke of the paintbrush on the blank litigation canvas, can have a long-lasting impact on the court’s view of the case, the tenor of an ongoing matter, and the prospects of settlement. There is little doubt that even though a court may modify interim support awards at any point during a litigation, the party awarded the positive outcome will likely color every subsequent step in the process with a recitation of the result received and preliminary findings made, whether it be custody and parenting time mediation, the early settlement panel, economic mediation, future motion practice, and ultimately, trial.
One notable component of the analysis is the imputation of income to a non-working spouse,
pendente lite. While often requested in opposition to a
pendente lite motion, this request is frequently denied because the non-working spouse’s unemployed status is deemed part of the ‘marital
status quo’ requiring maintenance until the court performs a full investigation and final hearing.