Labor & Employment

At Lindabury, McCormick, Estabrook & Cooper, we have a comprehensive Employment Law Practice. We provide the full scope of services for Employment Litigation and Dispute Resolution as well as Employment Law Advice and Counsel. Our clients include privately held businesses, global private and public corporations, health care institutions, trade associations, various nonprofit organizations, commercial insurance firms and individuals.

Our Employment Litigation attorneys handle hundreds of cases annually, representing company management clients at all levels of dispute resolution--federal and state courts, administrative hearings (Equal Employment Opportunity Commission and Division of Civil Rights) and mediation and arbitration. We staff our cases responsibly to provide efficient and effective representation.

In the area of Employment Law Advice and Counsel, we emphasize a preventive approach. We firmly believe that the proper implementation of a comprehensive set of policies and procedures that cover training, documentation, interviews and investigations is essential for containing employment litigation costs and creating a long-term positive work environment. We work under a variety of arrangements with clients--project fixed fee, corporate monthly retainer and hourly billing rates--to encourage workable solutions on a preventive basis.

Our employment law team includes senior litigator John H. Schmidt, Jr. who has tried hundreds of employment law cases and has been Certified by the Supreme Court of New Jersey as Civil Trial Attorney for 18 years. We also have two former in-house labor and employment attorneys, who together have almost 50 years experience advising and representing corporations on employment law issues.

Areas of Practice
  • Discrimination and Equal Opportunity
    • Age -- Age Discrimination in Employment Act (ADEA); New Jersey Law Against Discrimination (NJLAD)
    • Disability -- Americans With Disabilities Act (ADA); NJLAD
    • Race -- Title VII; NJLAD
    • Sex -- Title VII-Civil Rights Act; NJLAD
    • Sexual Harassment (including third party investigations) -- Title VII; NJLAD
    • Affirmative Action Under Government Contracts
  • Employment and Termination Issues
    • At-Will
    • Breach of Contract
    • Employment Policies (manuals, notices)
    • Termination
    • Worker Adjustment and Restraining Notification (WARN) Act
    • Reductions in Work Force
    • Unemployment Compensation
  • Work Environment and Safety
    • Occupational Safety and Health Administration (OSHA)
    • Workers Compensation
  • Health and Benefits
    • HIPAA
    • ERISA
    • Disability Plans
    • Employee Benefits
  • Family and Medical Leave Act (FMLA) -- Federal and State
  • Compensation Issues
    • Wage and Hour Law -- Fair Labor Standards Act (FLSA); New Jersey State Wage and Hour Law
    • Executive Compensation
    • Wage Payment -- Administrative and court actions
  • Whistleblower -- New Jersey Conscientious Employee Protection Act (CEPA); Sarbanes-Oxley Act
Recent Reported Employment Cases
  • 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 for Rehabilitation, 2001 WL 845744
  • Higgins v. Pascack Valley Hospital, 158 NJ 404, 730 A.2d 327 (NJ 1999)
  • City Assn of Superintendents and Administrators v. State Operated School District of City of Newark, 709 A.2d 1328 (NJ 1998)
  • 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 A.2d 176 (App.Div.1996)
  • Sprague v. Shore Care, 679 A.2d 685 (App.Div 1996)