John H. Schmidt, Jr.
John H. Schmidt, Jr. focuses his practice on mediating employment disputes including whistleblower claims, discrimination, harassment, termination, restrictive covenants, wage and hour, record keeping, breach of contract and traditional labor matters. John relies on his forty-five years of experience as an employment litigator to work find practical, balanced solutions amicable to all involved parties.
Given the pandemic's impact on the judiciary's caseload, parties seeking a timely resolution to their employment dispute are increasingly turning to the services of experienced mediators.
John is the former Chairman of Lindabury's Labor & Employment practice group. He has significant courtroom experience, having tried many cases in both the state and Federal courts, and has argued numerous cases before the New Jersey Supreme Court, the United States Court of Appeals for the Third Circuit, and the Appellate Division of the Superior Court of New Jersey. He has also arbitrated numerous labor matters, and has handled charges and hearings before both the Equal Employment Opportunity Commission and the New Jersey Division on Civil Rights.
Since 1985, John had been certified by the New Jersey Supreme Court as a Trial Attorney.
John is an AV rated attorney by Martindale-Hubbell and has been included in Chambers and Partners' USA Guide to Labor & Employment attorneys since 2015. He has been recognized in the area of Employment Law as a Best Lawyer in America since 2012 and as a New Jersey Super Lawyer since 2005.
John is a frequent lecturer on employment law topics at NJICLE and educational events hosted by Lindabury, McCormick, Estabrook, & Cooper. John has also served as a co-author of the Chambers Global Practice Guide for Regional Employment Law.
John is actively involved in his community serving on the Board of Directors of several charitable organizations. John is an avid golfer and member of Shackmaxon Country Club in Scotch Plains.Topics of Recent Speaking Engagements
- Wage and Hour Issues Regarding Non-Exempt and Exempt Employees
- Protected Employee Speech Unionization Activities In The Workplace
- Documentation, Discipline and Discharge
- Current Issues in Employment Law - Whistleblowing/CEPA update
- Arbitration of Employment Cases
- Restrictive Covenants and Non-Complete Agreements: Drafting, Enforcing, and Calculating Damages
- Ban the Box
J.D., Seton Hall University School of Law, 1977
B.A., Rutgers College, 1973
United States Court of Appeals for the Third Circuit, 1979
United States District Court District of New Jersey, 1977
United States District Court Southern District of New York, 2005
Supreme Court of the United States , 1985
- The Best Lawyers in America©, (2012-2023);
Employment Law - Management
Litigation - Labor & Employment
(These awards are conferred by Best Lawyers. A description of the selection methodology can be found at www.bestlawyers.com/methodology. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.)
- Super Lawyers© - Labor & Employment, (2005-2022);
(This award is conferred by Thomson Reuters. A description of the selection methodology can be found at www.superlawyers.com/about/selection_process.html. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.)
- Martindale-Hubbell (AV)
(This award is conferred by Martindale-Hubbell. A description of the selection methodology can be found at www.martindale.com/ratings-and-reviews/. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.)
- ADP v. Kusins, 460 N.J. Super. 368 (App.Div. 2019), cert. denied. 240 N.J. 419 (2020)
- D.G. ex rel J.G. v. North Plainfield Board of Education, et al., 400 N.J. Super 1 (App. Div. 2008), certif den., 196 N.J. 346 (2008), cert. den., 129 S. Ct. 776 (2008)
- United States of America ex rel Phil Hefner v. Hackensack University Medical Center, 495 F.3d 103 (3d Cir. 2007)
- Feldman v. Hunterdon Radiological Associates, 187 N.J. 228 (2006) - NJ Supreme Court decision
- Peters v. Lincoln Technical Institute, Inc., 255 F. Supp. 2d 417 (E.D. Pa. 2002)
- Wade v. Kessler Institute of Rehabilitation, 343 N.J.Super. 338, (App. Div. 2001), aff'd as modified, 172 N.J. 327 (2002)
- In Re Lucent Technologies Inc. Securities Regulation, 194 FRD 137 2000
- Higgins v. Pascack Valley Hospital, 158 NJ 404, 730 A.2d 327 (NJ 1999)
- Falco v. Community Medical Center, 296 N.J.Super. 298, 686 A.2d 1212 (App.Div. 1997)
- Casseus v. Elizabeth General Medical Center, 287 N.J.Super. 396, 671 A2d 176 (App.Div.1996)
- Sammon v. Watchung Hills Bank for Savings, 259 N.J.Super 124, 611 A.2d 674 (1992)
- State v. Ghegan, 213 N.J.Super. 383, 517 A.2d 490 (App.Div. 1986)
- Mailman, Ross, Toyes & Shapiro v. Edelson, 183 N.J.Super. 434, 444 A.2d 75 (NJ Chan. 1982)
- Westfield Area Y, Board Member
- Furniture Assist, Board Member
- Westfield Foundation, Board Member
- Second Street Youth Center, Board Member