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Employment Litigation

Greenbaum’s employment team provides representation in state and federal courts, before administrative agencies including the Equal Employment Opportunity Commission (EEOC) and the New Jersey Division on Civil Rights (DCR), and in arbitration proceedings. The firm’s employment litigation experience encompasses the defense of a wide variety of claims, including those related to discrimination, sexual and other types of harassment, unlawful retaliation, whistleblower, wrongful discharge, contract issues, workplace torts, and wage and hour disputes.

Our attorneys also handle disputes involving issues under employment and employment-related agreements, including the enforceability of restrictive covenants, non-compete and non-solicitation provisions. Our approach to litigation is rooted in a proactive mindset and addresses the full spectrum of employment disputes, from early-stage negotiation to a final verdict.

Representative Matters

  • Representing a public university in high-stakes employment litigation alleging discrimination, defamation, due process violations, malicious prosecution, and intentional infliction of emotional distress arising from termination proceedings, securing summary judgment on all claims and defending the judgment on appeal in a matter with demands exceeding $10 million.
  • Represented the State of New Jersey and individual defendants in employment and constitutional litigation asserting claims under CEPA and NJLAD, and the New Jersey Constitution.
  • Represented a private employer in the appeal of a significant jury verdict arising from NJLAD claims involving hostile work environment, discrimination, retaliation, and failure to promote.
  • Defended a technology company in employment litigation brought by a former senior executive asserting claims under NJLAD and CEPA and seeking declaratory relief concerning restrictive covenants, securing dismissal of multiple claims, denial of declaratory relief, quashing of overbroad subpoenas, and a favorable settlement following mediation.
  • Represented a remodeling company in disability discrimination and retaliation claims under the NJLAD, achieving a favorable settlement after discovery demonstrated that no reasonable accommodations were feasible. 
  • Defended a research company and its owners and managers in employment litigation asserting CEPA whistleblower claims, sexual harassment, discrimination, retaliation, and wage and hour violations, resolving the matter on favorable terms that protected the company’s industry reputation.  
  • Represented a former PSE&G project manager in whistleblower and discrimination claims under New Jersey’s Conscientious CEPA and LAD, alleging retaliation for reporting environmental violations involving contaminated wastewater. On appeal, the New Jersey Appellate Division reversed the trial court’s dismissal and order compelling arbitration and remanded the matter for proper consideration, reviving the client’s claims and restoring his right to judicial review.
  • Successfully defended a public university in a whistleblower retaliation action under the New Jersey CEPA, securing dismissal of all claims with prejudice at summary judgment. The plaintiff’s appeal in this matter was denied. 
  • Successfully defended a large public entity and individual employees in multiple employment actions alleging discrimination, harassment, and retaliation under the NJLAD and CEPA, obtaining dismissal with prejudice at summary judgment following extensive discovery and motion practice.  The plaintiff’s appeal in this matter was denied.
  • Defended a North American energy infrastructure company in state court litigation alleging CEPA retaliation arising from a contractor’s work on a New Jersey pipeline project. Following discovery, the plaintiff abandoned all claims, and the matter concluded without further proceedings.
  • Successfully defended a state corrections agency and its former commissioner against age and disability discrimination claims under NJLAD, securing summary judgment on all counts and affirmance on appeal, eliminating exposure exceeding $2 million.
  • Assisted in the defense of a large public entity in federal employment litigation asserting constitutional and statutory claims, including alleged violations of the NJLAD, the Equal Protection Clause, and the New Jersey Civil Rights Act. The matter involved multi-forum motion practice, federal discovery and pretrial proceedings, a remand to state court, and dispositive briefing, and ultimately resolved without trial.
  • Successfully defended Protection Technologies, LLC, an electronic security solutions provider, against NJLAD and CEPA claims brought by a former senior executive, defeating an early declaratory judgment challenge to restrictive covenants, obtaining dismissal of multiple discrimination and retaliation claims, quashing overbroad subpoenas, and resolving the matter on highly favorable terms following mediation.
  • Obtained dismissal at the pleading stage of a NJLAD sexual harassment lawsuit against a state judicial agency, where the court held the plaintiff could not establish an employment relationship with the state, resulting in complete dismissal of claims exceeding $1 million.

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