Employment Litigation

The maze-like rules, regulations and laws governing labor and employment can be a minefield for employers. MARC’s extensive litigation experience in all types of employment-related claims helps clients defend against lawsuits early and forcefully. Our successful representations run the gamut from trial verdicts on behalf of Fortune 50 corporations to dismissal of claims before administrative agencies. We investigate complaints from their inception and work with in-house counsel, management and corporate employees to aggressively defend our clients.

MARC attorneys represent major corporations and small companies before state and federal courts throughout the Northeast as well as before the Equal Employment Opportunity Commission, state and local human/civil rights agencies, and the administrative venues of the New Jersey and New York Departments of Labor.

We also have extensive experience counseling employers on their day-to-day legal obligations as well as effectively representing employers through litigation alternatives such as mediation, arbitration and early neutral evaluation intended to avoid litigation or resolve it expeditiously.

Employment Litigation

MARC represents a spectrum of clients, including, among others, Fortune 500 oil and pharmaceutical corporations, in jury and nonjury trials with claims ranging from wrongful discharge, discrimination and retaliation to breach of employment contract and misappropriation of trade secrets.

We represent employers in race, religion, sex, national origin, whistleblower, sexual orientation, disability and age-discrimination claims as well as in contract, severance, confidentiality and noncompete agreement disputes. MARC also has extensive experience defending employers before the Equal Employment Opportunity Commission and in wage and hour matters, including misclassification of workers’ exempt or independent contractor status, overtime pay violations and other issues.

Our practice includes matters involving:

  • Age Discrimination in Employment Act (ADEA)
  • Americans with Disabilities Act (ADA)
  • Civil Rights Act of 1866 (Section 1981)
  • Conscientious Employee Protection Act (CEPA)
  • Employee Retirement Income Security Act (ERISA)
  • Equal Pay Act (EPA)
  • Fair Labor Standards Act (FLSA)
  • Family Medical Leave Act (FMLA)
  • New Jersey Family Leave Act (NJFLA)
  • New Jersey Law Against Discrimination (NJLAD)
  • New Jersey Wage and Hour Law
  • New York City Human Rights Law (NYCHRL)
  • New York Labor Law (NYLL)
  • New York State Human Rights Law (NYSHRL)
  • Rehabilitation Act of 1973
  • Title VII of the Civil Rights Act of 1964 (Title VII)

Our recent engagements include:

  • Winning a no-cause verdict in state court for a major petroleum company on CEPA claims.
  • Winning a no-cause verdict in state court for a large pharmaceutical company alleged to have violated CEPA.
  • Obtaining summary judgment in federal court for a Fortune 500 oil company and a manager, dismissing ADA and FMLA claims.
  • Obtaining summary judgment in federal court for a Fortune 500 company, dismissing FMLA, NJLAD and other state law claims, a decision affirmed by the U.S. Court of Appeals for the Third Circuit.
  • Securing a finding of no probable cause from the New Jersey Division on Civil Rights over discrimination allegations tied to a company’s rehiring decisions after a layoff.
  • Securing a finding of no probable cause from the New York State Division of Human Rights.
  • Obtaining dismissal of an EEOC charge alleging national origin discrimination.
  • Obtaining dismissal of an EEOC charge alleging a large pharmaceutical company failed to accommodate a disability where the claimant did not return after a short-term disability leave, effectively abandoning the job.
  • Successfully enforcing a restrictive covenant on behalf of a public company against former employees.
  • Successfully opposing injunction applications in which employers sought to enjoin former employees from engaging in competition.
  • Obtaining dismissal of a workers’ compensation claim from the New Jersey Department of Labor, Appeal Tribunal, on behalf of a Fortune 500 oil company, where the claimant-employee voluntarily resigned.
  • Settling on favorable terms government audits involving wage and hour claims pre-litigation.
  • Obtaining summary judgment in state court on behalf of a New Jersey Board of Education and the individual board members, dismissing CEPA and workers’ compensation retaliation claims.
    Employment Counseling/Contracts

MARC regularly advises employers on compliance with federal, state and local employment laws. This includes drafting employment agreements, policies, personnel manuals, separation agreements, noncompete agreements and other restrictive covenants. We similarly advise employers on various employment-related concerns, including hiring and termination, policies and procedures, wage and hour compliance, leaves of absence, disability accommodation, noncompete and trade-secret protection as well as undertake workplace audits that allow employers to assess potential vulnerabilities, such as employee misclassification.

Internal Investigations

MARC attorneys have extensive experience in conducting internal investigations for major U.S. corporations. Corporate counsel often turn to MARC to conduct investigations of allegations by an employee or third party concerning improper behavior such as harassment, retaliation, fraud, whistleblowing, discrimination or employee misconduct.

Please contact John B. McCusker, or Michael R. Futterman for additional information.

Related Lawyers

Partner and Co-Founder

John McCusker, a director and co-founder, represents corporate and individual clients, including Fortune 500 petroleum and pharmaceutical corporations, in employment discrimination, environmental/remediation and complex commercial litigation matters.

Partner and Co-Founder

Bruce Goldstein, a director and co-founder, leverages more than 25 years of expertise in civil litigation and criminal defense, coupled with a career as an award-winning newspaper reporter and editor, in bringing about the best result for his clients. He has long been associated with high-profile First Amendment litigations related to free speech, media law (such as defamation and open public records) and religious freedom.

Partner and Co-Founder

Paul Carvelli, a director and co-founder of the firm, represents corporate and individual clients in state and federal litigation at the trial and appellate levels. He has served as lead counsel in more than two dozen trials and arbitration matters and has more than thirty years of experience advising clients on all legal aspects of their businesses.

Partner

Alicyn Craig, a partner, has significant experience in all areas of environmental law, from regulatory advice to complex litigation. Her state and federal litigation practice focuses on soil and groundwater contamination as well as state agency cost-recovery actions.

Michael Futterman, a partner, concentrates on general business/commercial and employment litigation in state and federal courts and before administrative agencies throughout New York and New Jersey. He represents management and employers in all types of workplace disputes, including discrimination, harassment, retaliation, whistleblower, noncompete and trade-secret matters.

Samuel Santo, Jr., a partner, has more than 25 years of expertise in a wide variety of complex civil and commercial litigation matters, with trial experience in both state and federal courts. He specializes in litigating and arbitrating high-stakes business disputes covering a broad spectrum of matters, including breach of contract, product liability, New Jersey Consumer Fraud Act and New Jersey Franchise Practices Act issues, health care and Third Party Logistics (3PLs), as well as employee piracy and other business torts.

John Shahdanian, a partner, is a veteran practitioner of employment law. He is well-versed in and frequently consulted about matters related to discrimination claims, disability claims, sexual harassment claims, whistleblowing, noncompete clauses, wage and hour, family leave and private sector labor law.

Laura Siclari, a partner, concentrates on environmental/remediation, employment discrimination, special education/disability law and general litigation matters in state and federal court. Her clients are corporations, including a Fortune 500 company in the petroleum industry, as well as public entities and individuals.

Asaad Siddiqi, a partner, concentrates on commercial litigation, federal/state investigations and compliance, insurance/indemnification, white-collar criminal law, employment and labor, corporate/shareholder disputes, professional misconduct and attorney ethics. He appears in state and federal court and before arbitration panels in cases ranging from Foreign Corrupt Practices Act matters to whistleblower litigation.

Of Counsel

Rose DaSilva, of counsel, has extensive experience in a wide range of state and federal commercial litigation and transactional matters. She specializes in contract, employment and environmental law. In addition to her practice, Rose serves as a mediator for New Jersey's court system.

Of Counsel

Michael Gogal, of counsel, represents companies and individuals in environmental, employment, tort/product liability defense and commercial matters, and has a wealth of trial experience. He litigates cases involving the New Jersey Law Against Discrimination, Title VII, Age Discrimination in Employment Act, Conscientious Employee Protection Act, employment torts, wage-and-hour laws, CERCLA, New York Oil Spill Law, New Jersey Spill Act and environmental regulations throughout the northeast.

Of Counsel

Katie Hirce, of counsel, is an employment, environmental and commercial litigator. She defends employers in discrimination, wrongful termination and retaliation claims in federal and state court and before administrative agencies. She advises clients, including a Fortune 500 oil company, on environmental investigations and remediations, in litigation and in regulatory matters. In addition, Katie handles general commercial work.

Of Counsel

Katie Lopez, of counsel, represents her corporate clients in various environmental-related matters. Katie has considerable experience in negotiating agreements related to properties that may be involved in environmental investigation and remediation matters. She handles potential claims from former and current property owners related to such matters.

Of Counsel

Suzanne Murphy, of counsel, has more than two decades of state and federal experience in complex commercial litigation, particularly employment and environmental law, in New York and New Jersey. She guides clients from the initial preparation and strategy of a defense through settlement and/or trial, as well as at the appellate level.

Of Counsel

William Rupp, of counsel, has more than four decades of experience as a litigator. During this time, William has concentrated on governmental law.

Associate

Amy Hatcher, an associate, maintains a focused employment litigation and counseling practice. She defends employers in a wide range of disputes, including whistleblower/retaliation, discrimination, harassment and noncompete matters before state and federal courts and administrative agencies, and in arbitration proceedings, in New Jersey and New York. Amy represents employers in a spectrum of industries, with a particular focus on pharmaceutical corporations.

Associate

Patrice LeTourneau, an associate, represents clients in employment and environmental matters, as well as commercial and civil litigation. She handles all aspects of business- and employee/employer-related disputes, including counseling, administrative complaints and litigation in a diverse range of employment-related matters such as discrimination, harassment, wrongful termination, retaliation, contract and severance issues.

Kate Suell, an associate, concentrates her practice on general business and commercial litigation as well as environmental regulatory, litigation and transactional matters. Kate has extensive experience representing clients in all manner of complex commercial matters and has experience representing clients in administrative and judicial proceedings before state and federal courts, as well as agencies such as the New Jersey Department of Environmental Protection.

Associate

Allison Zsamba, an associate, primarily represents clients in commercial and employment litigation. She is experienced in defending a wide range of complex commercial matters, including breach of contract claims, New Jersey Consumer Fraud Act violations, insurance disputes and fiduciary matters. She also assists clients in addressing breaches of employment contracts, retaliation and wrongful discharge lawsuits, and non-compete, non-solicitation and nondisclosure agreements.

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