David H. Ben-Asher is a New Jersey employment lawyer and a partner of the firm. He earned his J.D. degree from Georgetown University Law Center. He devotes his practice to the representation of employees in a full range of employment cases and has worked exclusively in that area for decades. He represented employees and former employees in a wide range of claims including discrimination, harassment, whistleblower retaliation, wrongful termination, breach of employment contract, family and medical leaves, and equal pay. In addition, he counsels employees in negotiating severance agreements.
Mr. Ben-Asher is admitted to the bar in New Jersey and the United States District Court for New Jersey, the United States Court of Appeals for the Third Circuit and the United States Supreme Court. You can listen to Mr. Ben-Asher argue a case in the United States Supreme Court here:
A highly experienced New Jersey employment attorney, Mr. Ben-Asher is a member of the Executive Committee of the Labor and Employment Law Section of the New Jersey State Bar Association, and a member of the National Employment Lawyers Association of New Jersey (“NELA-NJ”). He has been included in the Super Lawyers list, published by Thomson Reuters from 2006 to present (employment and labor law) and has been AV® Preeminent™ Peer Review Rated — the highest rating in legal ability and ethical standards — by Martindale-Hubbell® for more than 30 years. Likewise, he was selected by BERGEN magazine to be included on its list of Bergen County’s Top Lawyers in 2024. A description of the selection methodologies for Martindale-Hubbell, Super Lawyers and Bergen County’s Top Lawyers are available here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
In addition, Mr. Ben-Asher is a New Jersey Rule 1:40-qualified mediator included on the Superior Court of New Jersey’s roster of civil mediators. He conducts private and court-ordered employment law mediations.
Throughout his career, Mr. Ben-Asher has argued and/or tried cases in every court level in the jurisdiction from the United States Supreme Court down to lower state courts. He drafted the provisions of the New Jersey Law Against Discrimination which prohibit discrimination based on sex and disability, and handled many of the first important cases involving alleged violations of those provisions. He has been the attorney in a number of employment cases which resulted in precedent-setting rulings. In another area, he obtained a landmark federal court decision which ordered the President to expend $239 million for a nationwide employment program for youths.
Earlier in his career, Mr. Ben-Asher served as Deputy Attorney General and Chief Counsel to the New Jersey Division on Civil Rights and later as a hearing examiner for that agency presiding over formal discrimination hearings and rendering recommended decisions. He also served as the County Counsel of Essex County, and subsequently as the Assistant Commissioner and Director of Litigation of the New Jersey Department of the Public Advocate. He has served as a member of the New Jersey Supreme Court Committee on Civil Practice.
Mr. Ben-Asher has lectured and written on numerous employment law subjects. He has organized and has been a speaker at seminars for lawyers conducted by the New Jersey Institute for Continuing Legal Education and the New Jersey State Bar Association, including on the following topics:
- Employment Contracts: Their Negotiation, Structuring and Litigation;
- Handling Employment Cases Involving Professionals;
- Damages and Attorney’s Fees in Employment Cases;
- What Employment Lawyers Need to Know About Other Areas of the Law;
- Employment Law and the Highly Compensated Employee;
- Handling Employment Claims Under the Federal False Claims Act Qui Tam Provisions and Sarbanes-Oxley;
- Handling Employment Law Cases Involving Insurance Coverage;
- Handling Employment Tort Cases;
- Avoiding Legal Malpractice in Employment Law;
- Wage and Hour Litigation; and
- Mandatory Arbitration of Non-Union Employment Law Cases.
Contact Rabner Baumgart Ben-Asher & Nirenberg
If you are interested in scheduling a meeting with Mr. Ben-Asher, then you can contact us online or call our office at (201) 777-2250. He offers consultations by telephone, via Zoom, and in person at our main office in Bergen County, New Jersey and by appointment only at our locations in Essex County, New Jersey and New York City.