Cory A. Rand

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Firm/Organization: Stark & Stark
Blogs: New Jersey Law Blog

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Question: Can an employer legally withdraw a prospective employee’s job offer before that particular individual actually begins working at the company? It happens more frequently than one might think, but under a variety of different circumstances. There are many reasons why a company might rescind an offer of employment, such as: a candidate’s criminal history, failed drug test, or unsatisfactory background check results; negative references; falsification of application materials; budget cuts; cancelled or postponed projects…
As a general rule in New Jersey, private employers may not conduct random drug testing of current employees except employees in “safety-sensitive” positions. Notwithstanding scant authority on what constitutes a “safety-sensitive” position, it is clear that to qualify, there must be a direct and immediate nexus between the employee’s job duties and a fairly significant safety risk. Absent such a connection, an employer cannot require its employees to submit to random drug testing, though pre-employment…
Section 510 of the Employment Retirement Income Security Act (ERISA) prohibits employers from intentionally interfering with employee benefits, such as by discharging an employee to prevent his or her pension benefits from vesting.  Specifically, Section 510 provides in part: It shall be unlawful for any person to discharge, fine, suspend, expel, discipline, or discriminate against a participant or beneficiary for exercising any right to which he is entitled under the provisions of an employee benefit…