Employment Law

The Employment Law Department provides preventive counseling to both large and small employers on a wide range of compliance issues and evolving statutory requirements, including those related to wrongful discharge, discrimination, sexual and other forms of harassment, family and medical leaves of absence, disability and substance abuse.  If litigation is necessary, the Employment Law Department has handled all types of employment matters before federal and state courts and various administrative bodies, such as the N.J. Division on Civil Rights, the N.Y. Division of Human Rights and the U.S. Equal Employment Opportunity Commmission.

From its inception, Cole Schotz has been known for its labor and employment law expertise.  One of the firm's founders, David Cole, a noted labor arbitrator and mediator, served as Director of the Federal Mediation and Conciliation Service, and counseled every U.S. President from Harry S. Truman to Gerald R. Ford in national labor crises.  The Employment Law Department continues that fine tradition today. 

Our attorneys also work closely with human resource professionals on many other personnel matters, such as pre-hiring considerations, employee manuals and employee job performance and termination issues.

The Employment Law Department has extensive litigation experience. Our attorneys appear regularly in state and federal courts and before administrative agencies. Many of the attorneys in the Employment Law Department have been members in the prestigious Sidney Reitman Employment Law Inn of Court, the first Inn of Court in the nation that exclusively focuses on labor and employment issues.

The Employment Law Department is involved in, among other things:

  • Employment litigation
  • Complex litigation, such as class actions and multi-party suits
  • Representation before administrative agencies
  • Negotiation of separation/severance packages
  • Preparation of employment contracts, including restrictive covenants
  • Preparation and review of employee manuals and employment policies
  • Counseling with regard to personnel matters
  • Investigation of harassment complaints
  • Conducting training regarding sexual and other unlawful harassment
  • Restructuring, downsizing and other corporate transactions
  • Public sector employment issues
  • OSHA compliance and other safety and health issues
  • Wage-hour and other labor standards issues

Representative Clients

  • Alfred Sanzari Enterprises
  • Bentley Motorcars, Inc.
  • DSV Air & Sea, Inc.
  • Empire CLS Worldwide Chauffeured Services
  • Goya Foods, Inc.
  • Inserra Supermarkets
  • Intrawest Corporation
  • Pantone, Inc.
  • Prestige Motors
  • Uniteller Financial Services
  • Volkswagen of America
  • DAVA Pharmaceuticals, Inc.

REPRESENTATIVE MATTERS

The Employment Department recently defended a radiology group in a sexual harassment case filed in New Jersey State Court.  After a two week jury trial, we obtained a dismissal of all claims against our client even though a radiologist represented by other counsel, who was terminated by the group after investigation of the allegations by Cole Schotz, was found liable for hundreds of thousands of dollars.  We also obtained summary judgment with regard to that radiologist's claims against the radiology group for a buyout of his interests and for breach of contract.

The Employment Department successfully defended an application by our client’s former employee to be freed of a restrictive covenant.  The plaintiff sought injunctive relief, including the evisceration of  a non-compete agreement drafted by Cole Schotz for our client, a large manufacturer.  The plaintiff sought to go work for our client’s major competitor.  The Court denied plaintiff’s application, holding there was not a likelihood of success on the merits. 

The Employment Department successfully defended an insurance provider for the automobile industry in New Jersey, New York and Pennsylvania against pregnancy/sex discrimination claims asserted by a former employee before the United States Equal Employment Opportunity Commission.  The EEOC summarily dismissed all of the employee’s claims.  

The Employment Department recently obtained the dismissal of a charge of discrimination filed with the federal Occupational Health and Safety Administration. 

 The Employment Department settled an employment dispute between a departing non-equity shareholder and his former law firm.  Our client not only walked away with a substantial six-figure cash settlement, but was allowed to retain all of his case files and all of the attorneys’ fees on those files.  This result was obtained despite strong language in our client’s employment agreement, negotiated  before our involvement, which required him to share a significant portion of those fees with his former law firm.  The result was a settlement valued at approximately $750,000.  

  

Publications

 
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