The New Jersey State Bar Foundation has recently launched a blog on its homepage. The blog is called Legally Speaking. Each post features an attorney from the foundation’s Speakers Bureau answering a general legal question.
Find it at
njsbf.org.
Editor’s note: These blogs are shared for informational purposes. The opinions expressed in the posts do not necessarily reflect the views of the New Jersey State Bar Association, nor should they be construed as legal advice.DO NEW JERSEY CITIZENS HAVE THE RIGHT TO OBTAIN THEIR BIRTH RECORDS IF THEY WERE ADOPTED?
Effective January 1, 2017, New Jersey law permits adult adoptees who were born or adopted in New Jersey to request access to their birth records. These requests are made to the New Jersey Registrar of Vital Information. For adoptions that took place prior to August 1, 2015, birth parents had the option of requesting redaction of their identifying information from birth certificates, provided they made that request by December 31, 2016. Birth parents, regardless of when the adoption took place, can complete a contact preference form indicating they want no contact, direct contact, or contact via an intermediary. These preferences can be changed at any time. Persons who may request birth records include direct descendants, siblings and spouses of adoptees, adoptive parents and legal guardians of adoptees. Forms and instructions for making these requests can be found at the N.J. Department of Health website. —Amy Wechsler, Esq., Shimalla, Wechsler, Lepp & D’Onfrio, LLP
HOW HIGH CAN A FENCE BE BUILT IN A RESIDENTIAL AREA?
The answer depends on your local zoning code. Every municipality has its own zoning code, which is available at the municipal office, and may also be available on the municipal website or on www.generalcode.com. You’ll need to know what your property is zoned, and then look up the regulations that are specific to that zone. Your local zoning officer should be able to tell you your zone. Typical residential fence height limits are anywhere from three feet to six feet. If the fence you want to install is higher than what’s allowed, you will need to seek a variance from the local zoning board. —Melanie M. Levan, Esq., McDowell, Posternock, Apell & Detrick, PC
IF I AM CALLED TO SERVE IN THE MILITARY, IS MY EMPLOYER REQUIRED TO HOLD MY JOB FOR ME UNTIL I RETURN?
The simple answer is “probably, but maybe not.” Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), an employer must re-employ an employee if he/she (1) gives advance notice of the service; (2) has 5 years or less of military service with that employer; (3) returns to work in a timely manner; and (4) was not separated from service with a disqualifying discharge or under other-than-honorable conditions.
If these conditions are met, an employee is generally entitled to reemployment. Multiple New Jersey laws also provide employees with reemployment rights. For instance, the Law Against Discrimination prohibits discrimination on the basis of liability for service in the armed forces. Keep in mind, however, that USERRA and state laws often make it difficult to know precisely what employers’ and employees’ obligations and rights are. In fact, there are situations in which employers are not required to hold a job for someone in the military. So, it is always best to ask a question than to assume. —Timothy D. Cedrone, Esq., Apruzzese, McDermott, Mastro & Murphy, P.C.
HOW IS MEDIATION DIFFERENT FROM LITIGATION, AND WHAT KINDS OF CASES CAN BE MEDIATED?
Litigation is a duel between warring factions. The attorney is the champion for his/her client and uses whatever weapons are in the attorney’s arsenal to win the war. There are many battles between the parties before one is declared the winner by the judge. Mediation is a process wherein an impartial mediator facilitates discussion between the parties to arrive at a solution that is satisfactory to all.
Any kind of case can be mediated. In the commercial setting one can mediate cases as different as breach of contract and employment discrimination. In the construction industry all areas of dispute involving the construction of both commercial and residential buildings can be mediated, including damages for delay and poor workmanship. Issues involving home improvements can also be mediated. In family matters, parties can enter into divorce mediation to reach an agreement prior to going to court. Families can mediate issues involving custody of children as well as issues relating to aging parents. In probate matters, families can mediate any disagreements relating to undue influence and will contests. As long as all parties involved agree to mediate, there is no limit on the type of matter that can be mediated. —Linda F. Spiegel, Esq., NJ Court Approved Mediator and Arbitrator, Law and Mediation Office of Linda F. Spiegel, Esq.
CAN I GET MY MONEY BACK IF I AM THE VICTIM OF A SCAM?
The answer is: it depends. A victim of a scam has recourse in the courts. The victim can sue the scammer and get a judgment against the person for fraud but that does not mean the victim will “get their money back,” since the scammer may not have assets to attach with the judgment or, as is probable in most fraud crimes, the identity of the scammer may never be known. A victim can also report the scam to criminal authorities who may be able to find the scammer and charge the person with a crime. Sometimes a person convicted of a crime will be required to make restitution to the victims in the form of repayment of the amounts taken. Most states, including New Jersey, have strong consumer protection statutes that can also provide some recourse, especially if the scammer is a business.
Finally, the victim of a scam should check their homeowner’s or renter’s insurance policy, as sometimes there is coverage for such losses. Bottom line, if it sounds too good to be true it probably is a scam, so vigilance against scammers is the best defense. —Stephen V. Falanga, Esq., Walsh Pizzi O’Reilly Falanga, LLP