Employment Law

Lawyers Dedicated to Protecting the Rights of Their Clients in the Workplace

photo Rabner Allcorn Baumgart & Ben-Asher, P.C. concentrates its practice in employment law and litigation. Our attorneys have prevailed in landmark cases that have benefited our clients and set precedents governing future employment law litigation.

At a time when employment law is continually evolving and litigation abounds, we offer New Jersey and New York employees, including executives and professionals, sound legal advice and clear guidance in a broad range of employment law matters.

What Kinds of Employment Law Cases Does Our Firm Handle?

Employment Discrimination

We represent employees with regard to all forms of unlawful discrimination, including discrimination based on age, color, disability, gender and sex, marital status, national origin, pregnancy, race, religion, sexual orientation and veteran and military status.

Retaliation and Whistleblowers

We help employees who have experienced retaliation at work including claims by whistleblowers and qui tam actions under the False Claims Act.

Workplace Harassment and Hostile Work Environment

The attorneys at Rabner Allcorn Baumgart & Ben-Asher represent individuals who have experienced harassment at work, including claims of sexual harassment and other forms of workplace harassment due to age, disability, national origin, pregnancy, race, religion, sexual orientation, and veteran or military status. We also handle harassment claims on behalf of whistleblowers.

Employment Contract Disputes

Our employment lawyers are experienced at handling most employment contract disputes on behalf of employees, including claims involving breach of employment contract, non-compete agreements, severance agreements, executive compensation negotiations, covenants against solicitation, confidentiality and trade secret agreements, employment offer letters and employee handbooks.

Wage and Hour Disputes

We handle cases relating to wage and hour issue such as minimum wage, overtime pay, equal pay, unpaid wages and commissions, time off from work and meal and rest breaks.

Other Employment Law Rights

We handle cases arising out of many other types of workplace disputes in both New Jersey and New York, including claims relating to:

Claims Under State and Federal Employment Laws

We represent clients with claims under New Jersey, New York and Federal employment laws including violations of the New Jersey Law Against Discrimination (LAD), Conscientious Employee Protection Act (CEPA), New York Human Rights Law (NYHRL), New York City Human Rights Law (NYCHRL), Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), New Jersey Family Leave Act (FLA), Title VII of the Civil Rights Act of 1964 (Title VII), Age Discrimination in Employment Act (ADEA), Older Worker Benefit Protection Act (OWBPA), Equal Pay Act (EPA), Fair Labor Standard (FLSA) and New Jersey Civil Rights Act (CRA).

Civil Rights Cases Against Public Employers

We represent employees in civil rights cases involving violations of their Constitutional rights, including claims relating to the First Amendment (e.g., freedom of speech, freedom of association and freedom of religion), equal protection of law and due process of law. Likewise, we handle claims against public employers including state, county and municipal governments, police and fire departments, and school districts and boards of education.

Adverse Employment Actions

We handle cases involving a wide range of adverse employment actions including wrongful termination, constructive discharge, failure to hire, failure to promote and demotions.

Employment Business Disputes

Our attorneys represent individuals with business and entrepreneurial problems and disputes including oppressed shareholders, shareholder/employee disputes, entrepreneurial services and employee benefits.

Rabner Allcorn Baumgart & Ben-Asher Can Help

Many of our firm's highly credentialed attorneys practice employment law exclusively, have collectively represented thousands of employees, and have obtained millions of dollars for our clients. Attorneys at our firm have decades of experience in state and federal trial and appellate courts, up to and including the United States Supreme Court, and before administrative agencies such as the New Jersey Division on Civil Rights (DCR) and the United States Equal Employment Opportunity Commission (EEOC).

Our firm’s lawyers have worked both in the private and public sectors. For instance, in addition to a successful career in private practice, David H. Ben-Asher served as Chief Counsel to, and later as a hearing examiner for, the New Jersey Division on Civil Rights. Elliot Baumgart served as the Director of Essex County Legal Services. Hal Rabner, head of the firm’s entrepreneurial services group, served as a clerk to the Chief Justice of the New Jersey Supreme Court and is also a former federal prosecutor. Mr. Rabner, who brings to the practice years of experience in extensive corporate and litigation work at major law firms, is an essential part of the employment law group and has, for many years, fashioned solutions to complex issues involved in the firm’s employment practice, particularly those involving senior executive compensation, equity issues and negotiation and enforcement of post-employment restrictions. The broad experience of our firm’s employment attorneys is of great value to our clients’ widely varied employment cases.

Employment law attorneys at our firm stay on top of trends, statutory and regulatory developments and recent court decisions. In fact, Jonathan I. Nirenberg and other attorneys at our firm publish frequent articles on our Employment Law Blog.

If your employment law rights have been violated in either New Jersey or New York, we can help. Please feel free to call us at (973) 744-4000 or contact us online.

Tenacious in Litigation, Effective in Negotiation and Compassionate in Working with Clients

We represent employees regarding New Jersey and New York employment law matters at various junctures, including before they commence new employment, when they have disputes or concerns while on the job, when they are preparing to leave a position and after they have been fired or otherwise left their jobs. In each instance, our attorneys craft practical, creative solutions calculated to achieve our clients' monetary and career objectives.

Our attorneys also provide executives and others in senior positions with sophisticated legal advice concerning the implications of complex employment issues, including issues involving equity, incentive compensation and bonus-related issues. They also represent employees, including at the most senior level, with representation in contract negotiations, including negotiations in which equity in the company is, or should be, involved. We engage in litigation and negotiation to enforce employee and shareholder rights and to obtain relief from post-employment restrictive covenants as well.

In addition to handling employment law litigation, mediation and arbitration, our attorneys are experienced at representing employees who have employment law appeals. In fact, we have participated in numerous prece significant cases.

New Jersey Employment Lawyers