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The Dwyer Law Firm, LLC

550 Broad Street, Suite 704
Newark, NJ 07102

Phone: (973) 242-3636 
intake@thedwyerlawfirm.com

The Dwyer Law Firm, LLC serves clients throughout the New Jersey and New York metropolitan area including the cities of Newark, Morristown, Jersey City, Hackensack, Elizabeth, Trenton, Atlantic City, Camden, New Brunswick, Freehold, Toms River, Paterson, Woodbridge, Paramus, East Orange, Plainfield, Princeton, Edison, Clifton, Passaic, Union City, Bayonne, Irvington, Union, Parsippany, Bloomfield, West Orange, Montclair and the counties of Atlantic, Bergen, Camden, Cape May, Cumberland, Essex, Hudson, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic and Union.

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The decision to sue your employer is a momentous one. If you are considering filing suit, you need to hire the most capable and aggressive lawyer you can find -- and that means interviewing more than one attorney before you make your selection. A number of lawyers will talk about committees they serve on, awards they have won, and articles they have written. We submit that when you are shopping for a lawyer to file suit on your behalf, you need a lawyer who has significant experience in the courtroom as an employment litigator. We have that experience. 

Our Results

Precedent Setting Cases

Our obligation to represent our clients zealously often leads us to "push the envelope" to address cutting edge legal issues in precedent setting cases. As a result, some of our cases result in published decisions on legal questions of first impression. Examples of these cases in the field of employment law include:

  • Victor v. State, 203 N.J. 383 (2010). This case addressed the question of whether an employer's denial of a reasonable accommodation to a person claiming disability, by itself, constituted an adverse employment action. Andy filed a "friend of the court" brief in this case on behalf of the National Employment Lawyers Association of New Jersey, arguing that the denial of an accommodation constituted an adverse employment action.

  • Wein v. Morris, 194 N.J. 364 (2008). In this case, the New Jersey Supreme Court adopted a new rule of law, holding that when a trial court orders a party to arbitration, that decision may be appealed immediately. This important ruling will help ensure that an employee who wants to sue in court and have her case heard by a jury, will be able to immediately challenge a court order that attempts to force the case into arbitration. Andy submitted a "friend of the court" brief in this case on behalf of the National Employment Lawyers Association of New Jersey, and his position in favor of granting a right of immediate appeal was adopted by New Jersey's highest court.

  • Garfinkel v. Morristown Obstretics, 168 N.J. 124 (2001). In this case, the New Jersey Supreme Court held that an employee was entitled to litigate his discrimination claim, rather than be forced to arbitrate the claim out of court, notwithstanding an arbitration clause in his employment contract.

  • Higgins v. Pascack Valley Hospital, 158 N.J. 404 (1999). In a precedent setting case, the New Jersey Supreme Court held that the whistleblower statute protects an employee who complains about the wrongful conduct of a co-worker.

  • Chasin v. Montclair State University, 159 N.J. 418 (1999). This case addressed the scope of indemnification provisions for State employees.

  • Alvarado v. J&J Snack Foods Corp. 397 N.J. Super. 418 (App. Div. 2008). In this case, the Appellate Division established clear rules to prevent employers from shirking their obligation to pay their former employees' attorneys fees in workers compensation cases, by making last minute offers to settle the claims on the eve of trial.

  • Kluczyk v. Tropicana Products, Inc., 368 N.J. Super. 479 (App. Div. 2004). In this case, the Appellate Division affirmed a verdict for an employee in a retaliation case arising out of same-sex sexual harassment. On an issue of first impression, the Court held that an employer was not protected against punitive damages merely because it relied on the advice of its attorneys.

  • Wazeerud-Din v. Goodwill Home & Missions, 325 N.J. Super. 3 (App. Div. 1999). In a matter of first impression, this case decided whether the law banning discrimination in public accommodations could be applied to a "religious" drug treatment program.

  • Kim v. Monmouth College, 320 N.J. Super. 157 (Law Div. 1999). In another case of first impression in New Jersey, the Court held that an employee did not have to pay payroll taxes on a jury verdict for back wages.

Judgments and Settlements

The following is a list of examples of judgments and settlements in various employment cases we have handled. A "judgment" indicates that the amount was paid pursuant to a court order, typically after a trial in which the defendant lost. A "settlement" indicates that the amount was paid pursuant to a voluntary settlement agreement, sometimes with and sometimes without a trial. In instances where the cases have settled, confidentiality provisions often require us not to disclose the identity of the defendant. In those cases, we have provided a description of the type of employer involved.

The "amount paid" for each judgment or settlement represents the total amount paid by the defendant, some of which includes attorneys fees, costs and interest. This list provides examples of our past cases and is in no way intended as a guarantee of results or as an estimate of the worth or value of your case. Every case has to be evaluated on a highly individualized basis, driven by several factors that we would discuss with any prospective client.