Our Practices

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Our very own David Cole, one of the firm’s founders, counseled every U.S. President from Harry S. Truman to Gerald R. Ford in national labor crises as former Director of the Federal Mediation and Conciliation Service.

We remain committed to continuing that fine tradition and respected employment practice today.

 

Your loyal and sensitive confidant

We value our close working relationship with clients and the trust they place in us to address and resolve complicated and often sensitive employment issues.

The protection of your employees, your company, and its assets (both tangible and intangible), is our shared priority. When you work with our employment team, you can expect all matters to be handled with discretion, confidentiality, and care.

 

Putting safeguards in place

We provide preventive counseling and guidance to both large and small employers on a wide range of compliance issues and evolving statutory and common law requirements, including those related to:

  • Wrongful discharge
  • Discrimination
  • Retaliation
  • Sexual and other forms of harassment
  • Family and medical leaves of absence
  • Hiring and firing employees
  • Disability and workplace accommodations
  • Substance abuse and substance- free workplaces
  • Wage and hour
  • Workplace safety
  • Restrictive covenant/trade secret protections
  • Protection of confidential information

 

Designed for you

We offer programs and trainings based on your company’s needs, piecing together customized systems and techniques that can be easily implemented for success. Your adoption of such preventive measures and dedicating time to thoroughly drafting employment documents can provide enhanced security for your business and employees.

Call on us for:
  • Preparation and review of employee handbooks and employment policies
  • Preparation of employment contracts, including restrictive covenants and nondisclosure agreements
  • Preparation of independent contractor/consulting agreements
  • Counseling with regard to employee personnel matters
  • Preparation and implementation of workplace alcohol and drug testing programs
  • Conducting anti-discrimination and anti-harassment training
  • Investigation of discrimination, harassment, and retaliation complaints
  • OSHA compliance and other workplace safety and health issues
  • Restructuring, downsizing, and other corporate transactions
  • Preparation and negotiation of separation/severance packages
  • Wage and hour and other labor standards issues, including defense of collective and class activity
  • Employment litigation defense
  • Business tort litigation, including actions to enforce and defend against claims related to restrictive covenants and nondisclosure agreements
  • Complex litigation, such as class and collective actions and multi-party suits
  • Representation before administrative agencies

 

LITIGATION – A last resort

When disputes arise, our integrated team of litigators stand ready to vigorously advocate in pursuit of your business’ goals.

That said, litigation is time consuming, expensive, distracting, and can lead to unwanted press. We are, therefore, relentlessly committed to putting you in the best position to avoid the inside of a courtroom. To the extent that is not possible, or you prefer to fight it out, we will avidly advocate for you and your company in an effort to obtain the best possible litigation outcome.

We appear regularly in federal and state courts and before administrative agencies, such as the:

  • United States Equal Employment Opportunity Commission
  • United States and State Departments of Labor
  • New Jersey Division on Civil Rights
  • New York State Division of Human Rights
  • New York City Commission on Human Rights
  • New York City Department of Consumer and Worker Protection

Our heavy hitting team has the experience to craft and execute a litigation strategy that best serves your needs both inside and outside of the courtroom. Many of our attorneys have been members in the prestigious Sidney Reitman Employment Law Inn of Court, the first Inn of Court in the nation to exclusively focus on labor and employment issues.

Representative Matters

  • Represented an individual defendant against sexual harassment claims arising from his former employment as a supervisor of a dining restaurant chain. At the time of the Court’s decision, there were no published New Jersey state court decisions as to whether the arbitration agreement signed by the parties could be enforced as to claims brought against an individual supervisor. In arguing this novel issue regarding the application of arbitration agreements to such claims, the team successfully persuaded the court to dismiss the case and compel the individual claims asserted against our client to arbitration.
  • Defended our client against a number of claims under the Fair Labor Standards Act and New York Labor Law brought by a New York-based financial advisor formerly affiliated with our client. The financial advisor’s claims alleged failure to provide adequate overtime compensation and failure to provide proper wage statements. The team successfully obtained a stay of discovery and then convinced the Court to dismiss these numerous wage and hour claims as deficient. The team then persuaded the Court to deny plaintiff’s attempt to amend the complaint.
  • Provided strategic advice to our client regarding layoffs and changes in compensation structure that were necessary to ensure the business’s continued viability. Cole Schotz assisted the company in wading through the potential application of federal WARN and various state mini-WARN laws, as well as drafting separation agreements that complied with various state laws as layoffs were effectuated throughout the country.
  • Represented our client, an insurance brokerage and consulting firm, in securing temporary and preliminary restraints against a former employee following his sudden resignation from our client and the solicitation and transference of numerous clients to his new employer, directly violating his confidentiality, non-solicitation and non-interference obligations. The temporary restraints also applied to the former employee’s new employer that assisted in these actions. Cole Schotz litigated on behalf of our client, arguing that its damages included lost equity in the business, and achieved a resolution in our client’s favor.
  • Conducted a third-party investigation for a New Jersey-based medical practice regarding claims made by one of the doctors in the practice alleging sexual harassment and the creation of a hostile work environment by two other doctors, one of whom was a partner. During the course of the investigation, Cole Schotz learned of other alleged wrongdoing including improper sexual conduct on hospital property. After subsequent allegations of retaliation, our team reopened the investigation and reviewed comprehensive documents including partnership and employment agreements. Cole Schotz ultimately prepared written reports that guided sensitive and important employment decisions made by the practice.
  • Served as an independent investigator on behalf of publicly-held client. Our team was retained to investigate alleged inappropriate workplace behavior by the company’s Chief Human Resources Officer. Such alleged behavior included inappropriate workplace comments about employee appearance, weight and age, alleged engagement in bullying and gossip, and general mismanagement of the HR department and favoritism, leaving many feeling uncomfortable.
  • Represented a chauffeured limousine company in connection with a federal collective action lawsuit filed against our client alleging various violations of the Fair Labor Standards Act. Through an informal discovery process with the plaintiffs, Cole Schotz demonstrated that the asserted FLSA claims were entirely unsupported and achieved a voluntary dismissal by the plaintiffs. The team went on to settle the remaining New Jersey Wage Payment Law claim on a class wide basis, saving our client substantial attorneys’ fees and costs.
  • Providing ongoing employment counseling to airline alliance company regarding its relocation from New York to Texas. In connection with this relocation, Cole Schotz has drafted all offer letters, relocation agreements, severance agreements and amendments to employment agreements.
  • Represented the corporate owner and operator of a hotel chain against alleged violations of Title VII of the Civil Rights Act brought by a former employee. Our team evidenced that there was no violation of the relevant law and the employee’s counsel voluntarily dismissed the matter.
  • Representing our client, a large construction management contractor, in a pending litigation against the partial owner and former employee of our client following his secret formation of a competing company and operation of his new company while employed by our client and during working hours. When the defendant’s improper conduct was discovered, he was terminated and, in retaliation, he physically welded the doors shut to one of our client’s offices and stole keys and large pieces of the company’s equipment, including security cameras and the company server. The defendant is demanding to be bought out of the company for more than a million dollars, and civil and criminal litigation is pending in New York and New Jersey, respectively.

Your work, your masterpiece is deserving of bespoke, inspired lawyering.

About Us