David H. Ben-Asher | Montclair Employment Lawyer

David H. Ben-Asher is a partner of the firm. 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.

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 also is a court-qualified mediator handling mediations in employment cases.

He frequently lectures and writes on 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.

Mr. Ben-Asher earned his J.D. from the Georgetown University Law Center and received a B.A. from Rutgers College, Rutgers, the State University of New Jersey.

Position	Organization	Location	Duration
Partner	Rabner Baumgart Ben-Asher & Nirenberg, P.C.	Montclair, NJ	Present

School	Degree	Major	Graduation
Georgetown University Law Center	J.D.	Law School	N/A
Rutgers College	Bachelors		N/A

State / Court
New Jersey

• Mr. Ben-Asher is admitted to the Bars of the New Jersey Supreme Court and the United States District Court for New Jersey, the United States Court of Appeals, Third Circuit and the United States Supreme Court. He is a member of the Executive Committee of the Labor and Employment Law Section of the New Jersey State Bar Association and of the National Employment Lawyers Association ("NELA").

• Mr. Ben-Asher has been included in the "Super Lawyers" list, published by Thomson Reuters from 2006 to present (employment and labor) and has been AV® Preeminent™ Peer Review Rated — the highest rating in legal ability and ethical standards — by Martindale-Hubbell® for the last 30 years.  For a description of the selection methodology for Martindale-Hubbell and the SuperLawyers list, please click on the links.  No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

• Shapiro v. Baldridge
  U. S. Government won.

• Zahorian v. Russell Fitt Real Estate Agency
  Plaintiff won.

• Shapiro v. Essex County Board of Chosen Freeholders
  Plaintiff won.

• Grinbaum v. Township of Livingston Board Of Education
  Plaintiff won.

• Community Action Programs Executive Directors Assoc. of N.J. v. Ash
  Plailntiffs won.

• New Jersey Builders, Owners and Managers Assoc. v. Blair
  My client won.

• NAACP v. North Hudson Regional Fire & Rescue
  Employees won.

• Guslavage v. City of Elizabeth
  Employee won.

• Carlson v. City of Hackensack
  Employee won.

• New Jersey Labor and Employment Law Quarterly | Plaintiffs' Use Of Expert Witnesses In Sexual Harassment Cases
  New Jersey Law Journal | Court Finds Middle Ground on After-Acquired Evidence
  New Jersey Law Journal | Federal Leave Act Broadens N.J. Coverage

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