News & Events

The Four W’s of Investigations

Nov 10, 2017 in News by

Partner Stefani C Schwartz will be presenting “The Four W’s of Human Resources Investigations and Policies” on Wednesday November 25th, 2017 at the Fall Annual Meeting and Conference of the AEA.  The handout is available here.4 W’s Handout (00771444x7DCB6) “It takes less time to do something right than it does to explain why you did it wrong.” –Henry Wadsworth Longfellow When it comes to employee complaints, there is but one chance to conduct the investigation properly.  Missteps can cost millions.  Stefani will provide a practical guide to doing investigations that limit exposure to litigation.  Case histories will help attendees apply what they are learning to their own unique situations.  The presentation will include an open discussion of HR policy implementation. The AEA is a trade association of publicly owned government agencies and private-sector businesses that provide or support clean water and solid waste utility service in New Jersey. The mission of AEA is to provide information, education and advocacy that help member organizations provide professional, efficient and cost-effective service to their ratepayers and to help the public understand and appreciate the work of its members. For additional information, please contact Stefani Schwartz.

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The Floodgates Have Opened #MeToo

Nov 7, 2017 in News by

  Recent events in the news have given business owners good reason to be concerned about the relationships between staff members.   Allegations of abusive relationships in the news are examples of the breadth of such issues, often going back decades.   The clear message is that intentionally inappropriate behavior must be investigated and addressed and that simple harassment training is just not good enough.  Boundary training is required to heighten company awareness. What is boundary training? Boundary training is a training program, in the form of lectures and interactive workshops, all of which have the goal of preventing both intentional and unintentional sexual harassment, abuse and misconduct.   Everyone involved must learn the characteristics of unhealthy inter-personal work relationships and how they arise. #MeToo We at Schwartz Simon Edelstein & Celso LLC have a significant focus on sexual harassment in private companies.  Whether your company is a household name in New Jersey, or you are aspiring to be one, you never want to be associated with #MeToo.   We have developed and wish to offer training designed to highlight the best practices for maintaining acceptable boundaries for your staff.   The training includes printed materials, lectures, and workshops.   Companies may opt for half-day or full-day sessions and/or presentations tailored to your needs and affordability. Please contact SSE&C Partner Stefani Schwartz, at 973 301 0001, Extension 215, email sschwartz@sseclaw.com to discuss your school’s needs.

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Schwartz Simon Edelstein & Celso LLC ranked in 2018 “Best Law Firms”

Nov 1, 2017 in News by

Whippany, November 1, 2017 — U.S. News & World Report and Best Lawyers, for the eighth consecutive year, announce the “Best Law Firms” rankings. Schwartz Simon Edelstein & Celso LLC has been ranked in the 2018 U.S. News – Best Lawyers® “Best Law Firms” list nationally in 0 practice areas and regionally in 4 practice areas. In addition, the firm has been named “Law Firm of the Year” in: Firms included in the 2018 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise. The 2018 Edition of “Best Law Firms” includes rankings in 74 national practice areas and 122 metropolitan-based practice areas. One “Law Firm of the Year” is named in each of the 74 nationally ranked practice areas. Ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism and their integrity. Schwartz Simon Edelstein & Celso LLC received the following rankings in the 2018 U.S. News – Best Lawyers “Best Law Firms”: Regional Tier 1 New Jersey Employment Law – Management Regional Tier 2 New Jersey Litigation – Labor & Employment Regional Tier 3 New Jersey Commercial Litigation Labor Law – Management   About Schwartz Simon Edelstein & Celso LLCSchwartz Simon Edelstein & […]

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SSE&C Seeks New Talent for Labor and Employment Group

Sep 5, 2017 in Uncategorized by

SSE&C is searching for new talent.  We have an immediate opening in the Whippany, NJ office for an Associate in the Labor & Employment Group. The ideal candidate will have a minimum of 4 years experience in all aspects of employment litigation, including drafting and responding to discovery and initial pleadings, drafting and arguing motions and deposition experience. Experience working with clients in either a New Jersey or New York law firm is a plus. The selected candidates must be highly motivated; possess excellent writing, analytical and people skills; be an integral part of a team; assume significant client responsibility; and, be a member of the State Bar of New Jersey. Bi-lingual a plus. If this position interests you, please send your cover letter, résumé and a sample of your writing skills in a legal document or authored article to Maryann Bilanych. We will only contact a candidate should an interview be appropriate. No third party calls, please.  EOE.

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Posición de Nivel Medio de Educación y Educación Especial en Nuestra Oficina de Whippany

Sep 1, 2017 in News by

Schwartz Simon Edelstein & Celso LLC, el bufete de abogados líder en educación de Nueva Jersey, tiene dos aperturas inmediatas para asociados de nivel medio familiarizados con la Ley de Educación Pública en Nueva Jersey. Asociado en Derecho de Educación Especial El candidato ideal debe probar experiencia trabajando con distritos escolares públicos en el área de educación especial con énfasis en audiencias administrativas de debido proceso y litigios federales. Debe estar familiarizado con el desarrollo y la implementación del IEP, Sección 504 Planes de Acomodación, Planes de Salud Individual, planes de transición, investigaciones de HIB y asuntos de disciplina en relación con los estudiantes clasificados. Trabajará en estrecha colaboración con el Director de Servicios Especiales y los Equipos de Estudio Infantil de cada distrito. Asociado en Derecho de Educación General El candidato ideal debe tener experiencia probada trabajando con todos los aspectos de la ley de la escuela pública en New Jersey. Debe estar familiarizado con los Estatutos de Nueva Jersey Título 18A; Código Administrativo de Nueva Jersey Sección 6 y 6A; Ley de Reuniones Públicas Abiertas de Nueva Jersey y Ley de Public Records; Comisión de Educación y Ética Escolar decisiones de la Comisión que afectan a los distritos escolares públicos, etc. Los candidatos seleccionados deben estar muy motivados; poseer excelentes habilidades de escritura, analítica y de personas; ser parte integral de un equipo; asumir una responsabilidad significativa del cliente; y, ser un miembro de la Barra Estatal de Nueva Jersey. Bi-lingual un plus. Si estas posiciones le interesan, […]

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Mid Level Education and Special Education Associate Position in our Whippany Office

Sep 1, 2017 in News by

Schwartz Simon Edelstein & Celso LLC, New Jersey’s leading education law firm, has two immediate opening for midlevel associates familiar with Public Education Law in New Jersey. Special Education Law Associate The ideal candidate should have proven experience working with public school districts in the area of special education with an emphasis on administrative due process hearings and federal litigation. Must be familiar with IEP development and implementation, Section 504 Accommodation Plans, Individual Health Plans, transition plans, HIB investigations and discipline issues as they relate to classified students.  Will work closely with  the Director of Special Services and the Child Study Teams of  each district. General Education Law Associate The ideal candidate should have proven experience working with all aspects of public school law in New Jersey. Must be familiar with New Jersey Statutes Title 18A; New Jersey Administrative Code Section 6 & 6A; New Jersey Open Public Meetings Act and Open Public Records Act; Commissioner of Education and School Ethics Commission decisions affecting public school districts, etc. The selected candidates must be highly motivated; possess excellent writing, analytical and people skills; be an integral part of a team; assume significant client responsibility; and, be a member of the State Bar of New Jersey. Bi-lingual a plus. If these positions interest you, please send your cover letter, résumé and a sample of your writing skills in a legal document or authored article to Maryanne Bilanych.  No third party calls, please. SSE&C is an Equal Opportunity Employer.  

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What is a Trip Worth?

Aug 29, 2017 in Publications by

It is a new school year. While you welcome staff, faculty and students back to school, we encourage all of the NJAIS Members to have your policies, procedures and forms reviewed and revised.  The recent Hotchkiss Decision highlights the fact that the way something is written can be an invaluable tool to protect the school from fierce litigation. Please do not hesitate to contact Stefani C Schwartz, Esq. or Jody T. Walker, Esq. We will be happy to review your relevant policies to afford you more protection and answer any questions you may have.  

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Best Buy’s Click to Accept vs. Click to Agree Policy

Aug 16, 2017 in Articles by

On August 11, 2017, the Appellate Division reached a decision in the matter Dugan v. Best Buy Co., 2017 N.J. Super. Unpub. LEXIS 2053 (App. Div. August 11, 2017). The case involved the enforceability of an Arbitration Agreement, which required Best Buy employees to pursue employment-related claims in arbitration rather than court.   While the Court found that Best Buy’s arbitration policy satisfactorily alerted employees that they were waiving their right to sue in court, it determined that the plaintiff, a former employee, did not assent to the terms of the agreement when he electronically acknowledged the policy. The Court noted that a party can assent to the terms of a contract by electronically clicking on a website box. However, in this case, the Court determined that the plaintiff’s mouse-click on the acknowledgment box did not manifest his assent to the policy, only that he read and understood the policy. The Court stated that Best Buy could have firmly established the plaintiff’s assent by adding the words “and agree to the terms of the policy” to the acknowledgment box. The Court could not find any evidence that the plaintiff agreed to the terms of the policy, and as a result, the Arbitration Agreement was deemed unenforceable as to the employee. Language The wording of an arbitration clause can make all the difference when it comes to whether the clause will stand up in court if it is challenged as unenforceable. As a matter of practicality, it is important for employers […]

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Risky Behaviors are Risky Business for Sexual Harassment Claims

Aug 2, 2017 in Articles by

Sexual Harassment in the workplace is risky business.  Partner Stefani Schwartz and Counsel Jody T. Walker discuss what the guidelines for Sexual Harassment are and how to recognize them.  Many types of behaviors can lead to a sexual harassment suit.  Learn how to identify what risky behaviors will put your company in jeaopardy.  What is Sexual Harassment? Take a quick poll by asking what people would consider Sexual harassment? Ask around the office.  Is it physical? Verbal? Body Language? Sexual Harassment is… Form of discrimination based on sex.​  This applies to male, female, transgender, etc. Unwelcome sexual advances.​  No one likes to be groped Requests for sexual favors.​  There is absolutely no place where this is acceptable. Other verbal or physical conduct which unreasonably interferes with an individual’s work performance, or creates an abusive work environment.  Remember, if it feels wrong, then it probably is. Two basic types of sexual harassment Quid Pro Quo Sexual Harassment​.  Otherwise known as “This for That” or “Put Out or Get Out.”​ Can be committed only by someone who can effectively take formal actions that will adversely affect the victim. (i.e., firing, demotion, denial of promotion).  For example, supervisors, managers, officers, etc. Hostile Work Environment​ The creation of an abusive work environment or interference with the employee’s work performance through words or deeds because of the victim’s gender.  This can be described as the workplace not being “welcoming”. Unlike a quid pro quo, a hostile environment can result from the gender-based unwelcome conduct of supervisors, co-workers or anyone […]

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Labor and Employment Law for Finance Officers: What You Need to Know

Jul 24, 2017 in Articles by

Labor Law is a topic that Human Resources and in-house counsel deal with on a regular basis.  Partner Stefani Schwartz, Esq. and Associate Amanda Barisich, Esq. open the Employment Law and Labor Law discussion for Finance Officers in the first of this summer long series. The workplace today is different.  Employment law has drastically evolved over the decades.  Now more than ever employers and employees must be aware of their conduct and their surroundings. What may have been “acceptable” then can easily be grounds for a lawsuit today. Where do we Even Begin? Understand that the law is constantly changing and evolving. The courts are always interpreting the law in new ways as it fits into our ever evolving society.  No matter how much we may question or disagree, these are the laws we have to abide by. Educate yourselves and your staff. Be up to date regarding workplace issues. Educate your employees. Setup proper training and procedures for educating new employees. Empower your employees to protect the company. Give your employees the right tools to do the job you require of them. When in doubt, always ask for clarification. There is no such thing as a stupid question. Always best to err on the side of caution when in doubt. It All Starts With You As Finance Officers, you are leaders and must train Managers and Supervisors to be good role models. You are held to the same standards as the employees you oversee Sometimes even a Higher Standard […]

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Whippany Office
100 South Jefferson Road, Suite 200, Whippany, New Jersey 07981
Tel: 973.301.0001 | Fax: 973.993.3152