Family Law

• Divorce

Criminal Law

• Sex Crimes
  The Guidance explains that when applying vaccine requirements, employers must consider requests for reasonable accommodations that are needed because of disability, pregnancy, childbirth, lactation, religious beliefs or observances, or status as a victim of domestic violence, stalking, or sex offenses. If an employee requests an exception to a vaccine requirement or additional time to provide their proof of vaccination for one of these reasons, the employer must engage them in a cooperative dialogue, or a good faith discussion, to see if a reasonable accommodation is possible. Employers may continue to allow workers who have requested an accommodation to enter the workplace while the request is pending.
• Fraud
  Fellig Schwartz, LLC also serves as Corporate Counsel and regularly advises and represents our business clients in the following areas...

Business and Corporate Law

• Business Formation
• Business Disputes
  Breach of Contract and Business Disputes as to all types of business contracts like vendor agreements, distribution agreements, consignment contracts, sales representative agreements...
• Construction Contracts
  Commercial leases, construction contracts, professional services contracts, shareholder/partnership agreements, employment agreements, severance agreements and non-competition agreements

Employment Law

• Wrongful Termination
  Management-side Employment Matters such as terminations, layoffs, furloughs, avoiding discrimination, whistleblower, retaliation and wrongful discharge claims, family and medical leave compliance, short term and long term disability, COBRA and unemployment coverage, employment handbook manuals and policies, non-competition, confidentiality and non-disclosure agreements, wage and hour compliance, and employee privacy
• Employment Contract
  - negotiating and drafting severance agreements, employment agreements and independent contractor agreements for professionals and high level executives
• Employment Litigation
  Employment Disputes – defense against discrimination, retaliation, wrongful discharge and whistleblower claims, enforcement of restrictive covenants like non-competes and non-disclosures and prosecution and defense against tortious interference claims
• Severance Agreement
  A: It depends upon the circumstances. As long as severance is paid in a lump sum, is intended to recognize past years of service, or does not otherwise extend a person's employment, it should not affect eligibility for NJ unemployment. Severance is not income in lieu of notice (example, employer was contractually required to give 60 days prior notice of termination, but instead, terminated the employee without prior notice and paid the employee a sum equal to wages for the notice period). A person receiving income in lieu of notice is not usually eligible for unemployment benefits for those weeks because the payments are considered continuation pay or an extension of a person's employment. Similarly, if a person is terminated and the company pays severance in installments through the company's payroll, that is considered an extension of employment. Unemployment benefits will not be paid until after the severance pay runs out. For this reason, it would be best to ask for severance to be paid in a lump sum, at least from the employee perspective.
• Sexual Harassment
  Every New York State employer is required to adopt a sexual harassment prevention policy. An employer that does not adopt the model policy must ensure that the policy that they adopt meets or exceeds the following minimum standards.

Property Law

• Construction Litigation
  Tom Fellig's practice concentrates on complex commercial disputes. His broad client base has driven a successful litigation and transactional practice in the areas of construction law, commercial real estate transactions, business contract and finance matters, business frauds, employment issues and creditor’s rights. Tom has repeatedly received the
• Real Estate Transactions
  Business Contracts and Transactions - negotiating, drafting and closing all types of business contracts and deals such as commercial real estate purchase and sale agreements and transactions, commercial leases, service agreements, distribution, consignment and manufacturing contracts, and securing and finalizing commercial financing and refinancing

Trusts and Estates

• Estate Planning
• Wills

Finance Law

• Foreclosure
  As I reported in April 2013, New Jersey adopted the Revised Uniform Limited Liability Company Act effective March 2013, revising the charging order provision by allowing for the appointment of a receiver and, if a creditor could show that distributions under a charging order would not satisfy its judgment debt within a reasonable time, foreclosure of the member’s transferrable interest in the LLC. N.J.S.A. 42:2C-43 (2012).