The Dwyer Law Firm

Our obligation to represent our clients zealously often leads us to "push the envelope" to address cutting edge legal issues in precedent setting cases. As a result, some of our cases result in published decisions on legal questions of first impression. Examples of these cases in the field of employment law include:

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• Victor v. State, 203 N.J. 383 (2010). This case addressed the question of whether an employer's denial of a reasonable accommodation to a person claiming disability, by itself, constituted an adverse employment action. Andy filed a "friend of the court" brief in this case on behalf of the National Employment Lawyers Association of New Jersey, arguing that the denial of an accommodation constituted an adverse employment action.

• Wein v. Morris, 194 N.J. 364 (2008). In this case, the New Jersey Supreme Court adopted a new rule of law, holding that when a trial court orders a party to arbitration, that decision may be appealed immediately. This important ruling will help ensure that an employee who wants to sue in court and have her case heard by a jury, will be able to immediately challenge a court order that attempts to force the case into arbitration. Andy submitted a "friend of the court" brief in this case on behalf of the National Employment Lawyers Association of New Jersey, and his position in favor of granting a right of immediate appeal was adopted by New Jersey's highest court.

• Garfinkel v. Morristown Obstretics, 168 N.J. 124 (2001). In this case, the New Jersey Supreme Court held that an employee was entitled to litigate his discrimination claim, rather than be forced to arbitrate the claim out of court, notwithstanding an arbitration clause in his employment contract.

• Higgins v. Pascack Valley Hospital, 158 N.J. 404 (1999). In a precedent setting case, the New Jersey Supreme Court held that the whistleblower statute protects an employee who complains about the wrongful conduct of a co-worker.

• Chasin v. Montclair State University, 159 N.J. 418 (1999). This case addressed the scope of indemnification provisions for State employees.

• Alvarado v. J&J Snack Foods Corp. 397 N.J. Super. 418 (App. Div. 2008). In this case, the Appellate Division established clear rules to prevent employers from shirking their obligation to pay their former employees' attorneys fees in workers compensation cases, by making last minute offers to settle the claims on the eve of trial.

• Kluczyk v. Tropicana Products, Inc., 368 N.J. Super. 479 (App. Div. 2004). In this case, the Appellate Division affirmed a verdict for an employee in a retaliation case arising out of same-sex sexual harassment. On an issue of first impression, the Court held that an employer was not protected against punitive damages merely because it relied on the advice of its attorneys.

• Wazeerud-Din v. Goodwill Home & Missions, 325 N.J. Super. 3 (App. Div. 1999). In a matter of first impression, this case decided whether the law banning discrimination in public accommodations could be applied to a "religious" drug treatment program.

• Kim v. Monmouth College, 320 N.J. Super. 157 (Law Div. 1999). In another case of first impression in New Jersey, the Court held that an employee did not have to pay payroll taxes on a jury verdict for back wages.