Employment Litigation


We defend organizations against a wide range of employment-related claims, including alleged discrimination, sexual harassment, wrongful discharge, wage and hour violations, and Americans with Disabilities Act (ADA) noncompliance. We also represent employers in actions involving employment contracts; noncompete, nonsolicitation, and confidentiality agreements; severance arrangements; and employee benefit matters.

Our extensive experience in the employment area ranges from complaint investigations to administrative proceedings before state and federal agencies to litigation in state and federal courts. Given the complexity of employment laws and regulations, even well-intentioned employers can run afoul of the rules, or stand accused of doing so. In our representation of employers, we strive to provide a vigorous, yet cost-effective, defense and to be sensitive to the impact these claims can have on a business's reputation.

Representative Matters

  • Obtained summary judgment dismissing whistleblower and wage claims against a publicly traded, energy company client.
  • Obtained a directed verdict following a two week jury trial in a disability discrimination case for a Fortune 200 company.
  • Won the first jury trial of a reasonable accommodation (disability discrimination) where the jury was permitted by rule to address questions to witnesses.
  • Secured a preliminary injunction for a leading espresso coffee machine company in a matter that arose out of the alleged exploitation of the company's customer relationships and misappropriation of its customer files by a former employee.
  • Successfully defended a wrongful discharge case brought by a dishonest employee terminated for theft, and served as an expert witness in successful defense of a discharge for employee disloyalty.
  • Obtained an arbitrator's no-cause award in a hybrid reverse discrimination case alleging race and sex discrimination by a Caucasian male.
  • Resolved a sexual harassment and racial discrimination claim before suit was filed through a 14-hour confidential mediation session, saving our employer client the time, expense and unwanted publicity attendant to litigating such a claim.
  • Secured an appellate victory on behalf of a prominent New Jersey hospital in a suit claiming employment discrimination against the hospital and other defendants, as well as hostile work environment and sexual harassment claims under the New Jersey Law Against Discrimination, negligent hiring and intentional infliction of emotional distress.

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Protecting Business Interests in the Face of Increasing Hostility to Non-Compete Restrictions - Jun 23, 2023
Navigating the Legal Landscape of AI Hiring Tools: What Employers Need to Know - May 12, 2023
Employment and Litigation Partner, Scott Matthews, Talks to Crain's NY Business About Vaccine Mandates - Sep 13, 2021
Significant Changes in Federal Definition of Employee vs. Independent Contractor Status - Oct 1, 2020
COVID-19 - Safety Plans and Other NY State Requirements as Businesses Prepare to Return to Work - May 27, 2020
COVID-19 - The Do’s And Don’ts Of Using Your PPP Loan In Order To Ensure That It Is Forgiven - May 8, 2020
COVID-19 - Understanding The Business Risks Associated With Remote Work Arrangements - May 1, 2020
COVID-19 - NJ Legislature Bill To Assist Small Businesses Clears Senate - Mar 19, 2020
New NY Laws Passed for Black Car, Limo and Bus Companies – Insurance, Drug/Alcohol, Seat Belts, and More! - Jan 10, 2020
New York Bills Would Eliminate Independent Contractors for All Transportation Drivers - Dec 4, 2019
Rod Honecker, Scott Matthews Dissect New Workplace Risks for Law360 - Mar 5, 2019
Changes to New York Law Regarding Sexual Harassment - Apr 20, 2018
Sexual Harassment Guidance for All Employers: Protect Your Employees and Your Company - Nov 30, 2017
NYC Human Rights Law Expanded to Cover Caregivers by Scott Matthews - Jun 20, 2016
Fair Labor Standards Act Update Increase in the Annual Salary Threshold by Scott Matthews - Jun 20, 2016
Defend Trade Secrets Act of 2016 by Scott Matthews - Jun 15, 2016
New Department of Labor Proposal for Overtime - Aug 3, 2015
U.S. Department of Labor States Its Interpretation of "Employee" vs. "Independent Contractor" - Jul 16, 2015
Six Employment Issues to Watch in 2015 - Mar 11, 2015
"The Transportation Network Company Litigation Explosion," by Matt Daus - Jan 26, 2015
Scott Matthews, Sharon Klein Provide Legal Update "New York City Overrides Mayor's Veto To Pass Paid Sick Leave Law" - Aug 16, 2013
Scott Matthews, Sharon Klein Provide Legal Update "U.S. Supreme Court Narrowly Defines "Supervisor" As It Applies To Employer Liability For Unlawful Acts Committed By Employees Against Other Employees" - Jul 10, 2013
Scott Matthews Authors "Constructing Solid Employment Agreements" for "Inside the Minds" Publication - Aug 9, 2012
Proper Planning & Considerations When RIFs are Unavoidable - Mar 8, 2012
New York State Wage Theft Prevention Act: Compliance With The Annual Notice Requirement - Dec 1, 2011
Important Worker Classification Tips for Transportation Businesses Authored by Matt Daus and Jasmine Le Veaux - Aug 9, 2011
Rod Honecker writes "A Rarely Used Weapon for Employers: the Computer Related Offenses Act" for the NJ Law Journal - Aug 30, 2010

Related Practices

Windels Marx is a proud sponsor of the General Counsel Conference – a Corporate Counsel event – featuring Scott Matthews and an esteemed panel focused on employment and related litigation considerations.