Emp.Litigation

Employment and Labor Law Practice - Litigation

For decades, our attorneys have represented management in litigation matters ranging from class actions to single-employee suits in various forums and jurisdictions. We have considerable pretrial, trial and appellate experience in state and federal courts in defense of discrimination and harassment claims under the New Jersey Law Against Discrimination (LAD), as well as in defense of ‘whistle-blower’ and retaliation claims under the New Jersey Conscientious Employee Protections Act (CEPA) and in defense of claims for wrongful discharge and breach of restrictive covenants. We also have experience in matters before the New Jersey Division on Civil Rights (DCR) and the US Equal Employment Opportunity Commission (EEOC). Our attorneys have often served as local counsel to out-of-state companies, providing expert insight into the unique, extensive, and sometimes conflicting employment laws in the State of New Jersey. We also have substantial experience in employing alternative dispute resolution methods to employment disputes, such as through mediation and arbitration. In every litigation matter, Becker Meisel employment attorneys first meet with each client to define objectives and then devise a strategy to meet those objectives as effectively and efficiently as possible.

Recent Representations

Recent experience of our employment litigation attorneys includes:

•Representation of a wholesale home goods distributor through trial, the Appellate Division and the New Jersey Supreme Court in defense of gender discrimination and sexual harassment claims.We obtained a reversal of adverse rulings in the trial and appellate courts from the Supreme Court , and in the process, established significant new law regarding the admissibility of expert testimony and the use of character witnesses in employment cases.

•Representation of a major warehouse corporation in defense of charges of age and race discrimination. Our lawyers obtained a partial summary judgment dismissing the plaintiff’s claims, which led to a settlement of the remaining claims on a favorable basis to the client.

•Representation of a real estate development and management company against claims of sexual harassment and unlawful retaliation. A successful motion for partial summary judgment led to a settlement on terms favorable to the company.

•Representation of an interstate moving company in a trial involving gender and race discrimination claims that resulted in verdict in favor of the company.

•Representation of a Fortune 500 company in the successful defense of wrongful termination and breach of company policy claims, through trial, appeal to the Appellate Division and petition for certification to the New Jersey Supreme Court.

•Representation of a computer manufacturer against breach of employment contract, wrongful termination and discrimination claims through a two-week trial, which resulted in a jury verdict favorable to the company.

•Representation of a litigation support services company in defense of claims of race and national origin discrimination. Our attorneys obtained a summary dismissal of all claims, which had been pursued simultaneously in several different forums.

•Successful defense of a television industry client against the alleged breach of executive employment agreement before a three-member panel of the American Arbitration Association.

•Successful representation of an architectural firm in obtaining a preliminary injunction and conducting expedited discovery to prevent a former employee from competing unlawfully. The case presented significant electronic discovery and forensic computer investigation issues.

•Representation of an environmental testing laboratory against whistle blower and discriminatory retaliation claims through the eve of trial. Our lawyers facilitated substantial participation by the laboratory’s insurance carrier and obtained a favorable settlement for the client.

•Representation of a large automobile dealership network in defending workers’ compensation, retaliatory discharge and disability discrimination claims. The representation resulted in summary dismissal of all causes of action.

•Defense of a startup entity against a Fortune 500 company’s attempt to enforce restrictive covenant and non-compete provisions.