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John Schmidt Jr
  • Employment Law, Business Law, Insurance Defense
  • New Jersey
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Biography

John Schmidt, Jr. concentrates his practice in the areas of employment litigation (including whistleblower claims, discrimination, breach of contract, wrongful discharge, and violation of restrictive covenant matters), traditional labor matters, and general corporate and commercial litigation.

For more than thirty five years, John Schmidt has represented management in all areas of labor and employment counselling and litigation (including matters involving employment discrimination, breach of contract, wrongful discharge, and violation of restrictive covenant matters); he also engages in general corporate and commercial litigation. He has significant courtroom experience, having tried many cases in both the state and Federal courts, and has argued numerous cases before the New Jersey Supreme Court, the United States Court of Appeals for the Third Circuit and the Appellate Division of the Superior Court of New Jersey. He has also arbitrated numerous labor matters, and has handled charges and hearings before both the Equal Employment Opportunity Commission and the New Jersey Division on Civil Rights.

John is an experienced litigator who tenaciously advocates on behalf of employers. Recently John represented a New Jersey based engineering company and won on summary judgment the dismissal of plaintiff’s complaint alleging wrongful termination and violations of the ADA and NJLAD. The court in this matter found that defendant demonstrated a legitimate, nondiscriminatory reason for plaintiff's termination.

Practice Areas
Employment Law
Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination
Business Law
Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Insurance Defense
Jurisdictions Admitted to Practice
New Jersey
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3rd Circuit
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U.S. Supreme Court
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United States District Court for the District of New Jersey
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United States District Court for the Southern District of New York
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Languages
  • English
Professional Experience
Education
Seton Hall University School of Law
J.D.
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Rutgers University
B.A.
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Awards
Best Lawyer: Employment Law – Management; Litigation – Labor and Employment
Best Lawyers
2012-2020
Super Lawyer - Employment Law
New Jersey Super Lawyers
2005-2019
America’s Leading Lawyers for Business
Chambers USA
AV Peer Review Rated
Martindale-Hubbell
Professional Associations
American Bar Association
Member
Current
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New Jersey State Bar Association
Member
Current
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Union County Bar Association
Member
Current
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Academy of NJ Management Attorneys
Member
Current
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College of Labor and Employment Lawyers
Fellow
Current
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New Jersey State Bar  # 016301977
Member
- Current
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Publications
Articles & Publications
New Jersey Chapter
Chambers Global Practice Guide for Regional Employment
Speaking Engagements
Hot Tips In Labor and Employment Law – CEPA Update 2014, NJ ICLE
Arbitration of Employment Cases, Lindabury McCormick Seminar
Employment Law Roundtable: Current Issues in Employment Law – Whistleblowing/CEPA update, NJ ICLE
Documentation, Discipline, Discharge, New Jersey Business & Industry Association HR Seminar Series
Wage & Hour Update, Lindabury McCormick Seminar
Protected Employee Speech and Unionization Activities In The Workplace Seminar, Lindabury McCormick Seminar
Avoiding Common Wage and Hour Pitfalls for Non-Exempt and Exempt Employees, Regional Finance & Technology Conference at the Metropolitan of the Oranges YMCA
Certifications
Certified Civil Trial Attorney
New Jersey Supreme Court
Websites & Blogs
Website
John H. Schmidt, Jr.'s Website Profile
Website
Lindabury, McCormick, Estabrook & Cooper, P.C. Website
Blog
Events Calendar
Contact & Map
Lindabury, McCormick, Estabrook & Cooper, P.C.
Westfield - Main Office
53 Cardinal Dr
Westfield, NJ 07090
Telephone: (908) 233-6800
Fax: (908) 233-5078