Employment Litigation

Lindabury’s employment litigation team represents management in all areas of labor and employment litigation including matters involving employment discrimination; wrongful discharge; breach of contract; whistleblower retaliation; failure to provide reasonable accommodation; civil rights violations; violation of non-compete agreements; violation of leave rights; wage and hour compliance; and other employment claims. Out litigators have significant courtroom experience, having tried numerous cases in both the state and Federal courts, the United States Court of Appeals for the Third Circuit, the New Jersey Supreme Court and the Appellate Division of the Superior Court of New Jersey. We are experienced in labor arbitration matters and have handled charges and hearings before the Equal Employment Opportunity Commission, the New Jersey Division on Civil Rights and other deferral and state administrative agencies.

Lindabury currently serves on several EPLI defense panels for both national and regional carriers and has a proven track record of obtaining favorable results on behalf of our clients. We have effectively handled insurance defense matters for more than fifty years and have developed a true “team approach” to resolving employment disputes.

• Discrimination and Equal Opportunity
  Age, Disability, Race, Sex, Gender Identity, Harassment and Retaliation
• Compensation
  Wage and Hour law, Fair Labor Standards Act, Executive Compensation, Wage Payment
• Health & Benefits
  HIPAA, ERISA, Disability Plans, Employee Benefits
• Employment Termination
  At-will, Breach of Contract, Employment Policies, Reductions in Workforce
• Work Environment & Safety
  Occupational Safety (OSHA), Workers’ Compensation
• Whistleblower Claims

• Successfully defended major New Jersey educational institution against claims of race and sex discrimination; all claims against our clients were dismissed.
• Successfully defended manufacturing client against claims brought by a commissioned salesperson alleging a violation of the New Jersey Conscientious Employee Protection Act and a breach of contract. Summary judgment was entered in favor of Defendant following the completion of discovery.
• Achieved dismissal of lawsuit alleging pregnancy discrimination in violation of the New Jersey Law Against Discrimination on behalf of a New Jersey healthcare company.
• Secured restraining order to prevent violation of restrictive covenant agreement between pest control company and a former employee.
• Obtained dismissal of age and race discrimination complaint filed with New York State Division on Human Rights on behalf of a technology engineering company.
• Obtained dismissal of an OSHA complaint made against a waste management company alleging retaliation for complaining about unsafe conditions within the workplace.
• Obtained dismissal of New Jersey Division on Civil Rights (NJDCR) / Equal Employment Opportunity Commission Charge (EEOC). Complainant, who was terminated for poor job performance, claimed that termination was based on race. Following submission of a Position Statement setting forth the legitimate business reasons for the termination, the NJDCR issued a finding of No Probable Cause that was thereafter adopted by the EEOC.
• Secured no cause finding from the EEOC on behalf of a New Jersey Medical Center, brought by terminated employee alleging racial discrimination.
• Secured no cause finding from the EEOC on behalf of a New Jersey commercial banking corporation, brought by a terminated employee alleging race and age discrimination.
• Secured no cause finding from the EEOC on behalf of a New Jersey Medical Center, brought by terminated employee alleging age discrimination. In addition, complainant sought unemployment benefits. Following agency hearings and a favorable finding below, the Appeal Tribunal found that the claimant was ineligible for benefits.