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The laws governing labor and employment are extensive and complex. They can pose as a mine-field for employers, large and small, experience and knowledge notwithstanding. They can be daunting for employees who try to understand and enforce their rights under the maze-like web of rules and regulations. At MARC, we counsel our clients in these areas, helping to insure compliance with the law and defending and prosecuting all manner of employment-related claims.
MARC’s employment group handle litigation before state and federal courts, the Equal Employment Opportunity Commission, state and local human rights agencies, as well as the administrative venues of the New Jersey and New York State Departments of Labor, on a wide range of federal and state claims including:
- Title VII of the Civil Rights Act of 1964 (Title VII)
- The Civil Rights Act of 1866 (Section 1981)
- The Age Discrimination in Employment Act (ADEA)
- The Equal Pay Act (EPA)
- The Americans with Disabilities Act (ADA)
- The Rehabilitation Act of 1973
- The Family Medical Leave Act (FMLA)
- The Fair Labor Standards Act (FLSA)
- The Employee Retirement Income Security Act (ERISA)
- The New York City Human Rights Law (NYCHRL)
- The New Jersey Law Against Discrimination (NJLAD)
- The New Jersey Family Leave Act (FLA)
- The New York State Human Rights Law (NYSHRL)
- The Conscientious Employee Protection Act (CEPA)
MARC attorneys draw upon extensive litigation experience to help business clients defend against lawsuits early and forcefully, investigating complaints from their inception and working with in-house counsel and corporate employees to fully understand the nature of each claim and to prepare the optimal approach. MARC’s employment group has successfully litigated jury and non-jury trials throughout the Northeast, and have represented Fortune 500 corporations including oil and pharmaceutical companies and small businesses alike, with respect to claims alleging wrongful discharge, whistleblower claims, breach of employment contract, discrimination, and breach of confidentiality and non-compete agreements. We also have extensive experience counseling and effectively representing employers through litigation alternatives, if appropriate, such as mediation, arbitration and early neutral evaluation intended to avoid litigation or resolve it expeditiously
MARC attorneys also represent employees in cases involving unlawful discrimination against employers because of their sex, race, religion, national origin, sexual orientation, disability, or age as well as matters concerning employment contracts, severance issues, unemployment insurance, or wage and hour violations.
Independent Investigations:
MARC attorneys are often consulted by corporate counsel to conduct independent investigations, where allegations have been made by an employee or third party about improper behavior—such as harassment, retaliation, or discrimination—on the part of a business colleague or department.
Employment Contracts, Severance Contracts, Non-Compete Clauses and Trade Secret Issues
Often, where trade secrets, confidential information, customer lists and good will are critical to a business’s success, the drafting of an effective employment contract is essential. Our employment law attorneys work with their clients in negotiating, drafting and enforcing non-competition agreements and other restrictive covenants, and in advising clients on all legal aspects of these agreements. We also represent employees in determining the enforceability of such restrictive covenants, so as to protect the ability to pursue future employment.
Employment Counseling
MARC attorneys regularly provide advice to employers to ensure compliance with federal, state and local employment laws as well assist in drafting employment policies and personnel manuals, separation agreements, employment applications, termination notices, and employment agreements.
MARC’s recent successes that we have secured for clients in employment litigation include:
- MARC secured a no-cause verdict in state court on behalf of a large Pharmaceutical Company alleged to have violated the Conscientious Employee Protection Act. The plaintiff, a former security manager, alleged he was dismissed for disclosing wrongdoing by the Company.
- MARC obtained a summary judgment decision on all federal claims in U.S. District Court in Newark on behalf of a Fortune 500 oil company and an individual manager dismissing claims brought under the Americans with Disabilities Act and the Family Medical Leave Act.
- MARC obtained a summary judgment decision on all claims in U.S. District Court in Newark on behalf of a Fortune 500 oil company dismissing claims brought under the FMLA, the New Jersey's Law against Discrimination and other state law provisions. The decision was upheld and affirmed by the United States Court of Appeals for the Third Circuit.
- MARC procured a finding of "no probable cause" from the New Jersey Division on Civil Rights on a complaint alleging discrimination in the company's re-hiring decisions after a layoff.
- MARC obtained dismissal of an EEOC Charge of Discrimination alleging national origin discrimination.
- MARC obtained dismissal of an EEOC Charge of Discrimination for a large Pharmaceutical Company alleging failure to accommodate a disability where claimant did not return after taking short-term disability leave, effectively abandoning the job.
- MARC successfully enforced restrictive covenant on behalf of public company against competing former employees by injunction.
- MARC successfully opposed injunction applications in which former employers sought to enjoin former employees from engaging in competition.
- MARC obtained dismissal of workers’ compensation claim from the New Jersey Department of Labor, Appeal Tribunal, on behalf of a Fortune 500 oil company, where claimant employee had voluntarily resigned from position.
For additional information, please contact
John McCusker or
Alicyn Craig.
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