Picture of John H. Schmidt Jr.

John H. Schmidt, Jr.

jschmidt@lindabury.com
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908.233.6800

53 Cardinal Dr
Westfield, New Jersey 07090

John H. Schmidt, Jr. concentrates his practiced in the areas of employment litigation (including whistleblower claims, discrimination, breach of contract, wrongful discharge, and violation of restrictive covenant matters), traditional labor matters, and general corporate and commercial litigation.

For more than thirty five years, John Schmidt has represented management in all areas of labor and employment counselling and litigation (including matters involving employment discrimination, breach of contract, wrongful discharge, and violation of restrictive covenant matters); he also engages in general corporate and commercial litigation. 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.

In 2015 Mr. Schmidt was first included in Chambers and Partners' USA Guide to Labor & Employment attorneys. Chambers and Partners is a highly regarded ranking company that distinguishes its listings by gathering information from clients, not from other lawyers.

John is a founding member of the Academy of New Jersey Management Attorneys and is a fellow of the College of Labor and Employment Lawyers. He has an AV rating from Martindale Hubbell.

Certified by the New Jersey Supreme Court as a Trial Attorney, 1985 – present

Speaking Engagements

  • Speaker, “Avoiding Common Wage and Hour Pitfalls for Non-Exempt and Exempt Employees,” Regional Finance & Technology Conference at the Metropolitan of the Oranges YMCA
  • Speaker, "Protected Employee Speech and Unionization Activities In The Workplace Seminar" Lindabury McCormick hosted seminar
  • Speaker, “Wage & Hour Update” Lindabury McCormick hosted seminar
  • Speaker, “Documentation, Discipline, Discharge,” New Jersey Business & Industry Association HR Seminar Series
  • Speaker, “Employment Law Roundtable: Current Issues in Employment Law – Whistleblowing/CEPA update,” NJ ICLE
  • Speaker, “Arbitration of Employment Cases,” Lindabury McCormick hosted seminar
  • Speaker, “Hot Tips In Labor and Employment Law – CEPA Update 2014,” NJ ICLE
  • Speaker, “Restrictive Covenants and Non-Compete Agreements: Drafting, Enforcing and Calculating Damages,” NJ ICLE
  • Speaker, “Taking Employment Related Depositions,” Association of New Jersey Management Attorneys
  • Speaker, “Ban the Box,” Regional Meeting of New Jersey YMCA
  • Speaker, “Hot Tips in Labor and Employment Law – CEPA Update 2013,” NJ ICLE
  • Speaker, “Fighting & Defeating Restrictive Covenants,” NJ ICLE
  • Speaker, “Hot Tips in Labor and Employment Law – CEPA Update 2012,” NJ ICLE
  • Speaker, “Restrictive Covenants and Non-Compete Agreements: Drafting, Enforcing and Calculating Damages,” NJ ICLE
Education
  • J.D., Seton Hall University School of Law, 1977cum laude
  • B.A., Rutgers College, 1973
Admissions
  • New Jersey, 1977
  • United States Court of Appeals for the Third Circuit, 1979
  • United States District Court for the District of New Jersey, 1977
  • United States District Court for the Southern District of New York, 2005
  • United States Supreme Court, 1985
Professional & Bar Association Memberships
  • American Bar Association
  • New Jersey State Bar Association
  • Union County Bar Association
  • Academy of NJ Management Attorneys
  • Fellow of the College of Labor and Employment Lawyers
Reported Cases
  • 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)