Overview

Benjamin Teris concentrates his practice on labor and employment law and civil litigation. While Ben is able to counsel clients nationwide on a wide range of federal, state, and local laws, he is known as a trusted advisor to New Jersey employers who seek guidance in labor and employment matters or face litigation with current or former employees.

Labor and Employment Litigation

Ben’s experience includes defending New Jersey and Pennsylvania employers against claims of discrimination, harassment, hostile work environment, wage and hour violations, and retaliation under the ADA, Title VII, ADEA, FMLA, FLSA, NJLAD, CEPA, and PHRA, in state and federal courts at the trial and appellate level, as well as before the Equal Employment Opportunity Commission (EEOC) and state administrative agencies.

He also has experience representing public employers before the Public Employment Relations Commission and the New Jersey Office of Administrative Law. Additionally, Ben has fully litigated multiple disputes before labor arbitrators. This includes the first successful removal of a tenured teacher for inefficiency under the TEACH NJ Act.

Labor and Employment Counseling

Litigation is costly and time-consuming. Staying current on ever-changing labor and employment laws and regulations is essential for employers to avoid unnecessary litigation. Accordingly, Ben is able to provide counseling services to provide compliance insights with employment laws.

Restrictive Covenants and Trade Secrets

Ben has experience negotiating and litigating matters involving employer confidential information and trade secrets and employee restrictive covenant agreements.

Traditional Labor

For employers with unionized workforces, Ben has experience counseling employers on collective bargaining negotiations and issues, contract interpretation, grievances, and unfair labor practice charges.

Internal Investigations

Ben’s investigation experience includes a wide range of matters, such as internal complaints involving harassment, sexual harassment, discrimination, whistleblowing, and alleged employer misconduct. His investigation process is thorough and objective. This generally includes a review of relevant documents, interviews of witnesses, and a comprehensive report.

Executive and Professional Employee Counseling

While Ben primarily represents employers, he also provides services to executive and professional employees, such as physicians and corporate officers, who seek counseling on employment issues, negotiation of severance packages, and navigation of restrictive covenant obligations.

Judicial System Experience

Colleagues and clients often consult with Ben due to the inside knowledge of the New Jersey court system he gained through his clerkships. His appellate clerkship experience has translated into several victories for clients in the Superior Court of New Jersey, Appellate Division, where he has briefed and argued multiple matters.

This experience includes judicial clerkships with the Honorable Anne McDonnell, Presiding Judge, Chancery, Superior Court of New Jersey, Gloucester County, and the Honorable Richard S. Hoffman, Judge, Superior Court of New Jersey, Appellate Division. 

Ben received his BA and JD from Rutgers University.

Representative Experience

  • Secured summary judgment for PATHS LLC in a federal employment case under the Families First Coronavirus Response Act (“FFCRA”), a statute enacted in March 2020 during the height of the COVID-19 pandemic that provided paid sick leave for eligible employees.
  • Obtained dismissal of a thirteen-plaintiff lawsuit alleging claims of racial discrimination, age discrimination, and retaliation under the New Jersey Law Against Discrimination (LAD) brought against a New Jersey municipality and successfully briefed and argued the matter on appeal.
  • Obtained affirmance of summary judgment on behalf of a New Jersey municipality where an employee sought to overturn the trial court’s dismissal of her wrongful termination claim.
  • Assisted in successfully defending a hospital before the Third Circuit Court of Appeals on an appeal filed by a former employee who had her disability discrimination claims dismissed on summary judgment by the district court.
  • Assisted in obtaining summary judgment for a New Jersey hospital on allegations of retaliation brought under the Conscientious Employee Protection Act (CEPA).
  • Obtained the first successful removal of a tenured teacher in New Jersey for inefficiency under the TEACHNJ Act.
  • Represented a New Jersey public agency at an administrative hearing and obtained dismissal of a union’s unfair labor practice charge.
  • Assisted in the successful removal of a tenured principal for inefficiency on behalf of an inner-city school district.
  • Assisted in obtaining dismissal of a health network employee’s retaliation and wrongful termination claims.
  • Assisted in obtaining summary judgment for a New Jersey municipality on a failure to hire claim brought under the New Jersey Law Against Discrimination.

Professional & Community Activities

  • Executive Director, Southern New Jersey, Sidney Reitman Employment Law American Inn of Court
  • Chairperson, Gloucester County Bar Association Labor and Employment Law Committee
  • Program Committee, Sidney Reitman Employment Law Inn of Court
  • Youth Soccer Coach, Deptford Soccer Association

Speeches & Presentations

  • Co-Author, “The Viability of Freestanding Claims for Failure to Accommodate Disabilities Remains Unsettled,” New Jersey State Bar Association Labor and Employment Quarterly (May 2019)
  • Co-Author, “Explicitly Excluding Evidence of Implicit Bias in Employment Cases,” DRI’s For the Defense Magazine (January 22, 2019)
  •  Author, “Employee Arbitration Agreements In NJ Face New Hurdles,” Law360 (December 12, 2018)
  • Co-Author, “Pa. Proposes Significant Increase to Overtime Salary Thresholds,” The Legal Intelligencer (July 2, 2018)
  • Co-Author, “ADA Title III Litigation: The Dramatic Increase in ADA Lawsuits That is Forcing Many Businesses to Make Tough Decisions,” New Jersey Lawyer Magazine (April 2018)
  •  Author, “The Right to Reputation in New Hampshire,” Rutgers Law Journal (2010)

Representative Experience

  • Secured summary judgment for PATHS LLC in a federal employment case under the Families First Coronavirus Response Act (“FFCRA”), a statute enacted in March 2020 during the height of the COVID-19 pandemic that provided paid sick leave for eligible employees.
  • Obtained dismissal of a thirteen-plaintiff lawsuit alleging claims of racial discrimination, age discrimination, and retaliation under the New Jersey Law Against Discrimination (LAD) brought against a New Jersey municipality and successfully briefed and argued the matter on appeal.
  • Obtained affirmance of summary judgment on behalf of a New Jersey municipality where an employee sought to overturn the trial court’s dismissal of her wrongful termination claim.
  • Assisted in successfully defending a hospital before the Third Circuit Court of Appeals on an appeal filed by a former employee who had her disability discrimination claims dismissed on summary judgment by the district court.
  • Assisted in obtaining summary judgment for a New Jersey hospital on allegations of retaliation brought under the Conscientious Employee Protection Act (CEPA).
  • Obtained the first successful removal of a tenured teacher in New Jersey for inefficiency under the TEACHNJ Act.
  • Represented a New Jersey public agency at an administrative hearing and obtained dismissal of a union’s unfair labor practice charge.
  • Assisted in the successful removal of a tenured principal for inefficiency on behalf of an inner-city school district.
  • Assisted in obtaining dismissal of a health network employee’s retaliation and wrongful termination claims.
  • Assisted in obtaining summary judgment for a New Jersey municipality on a failure to hire claim brought under the New Jersey Law Against Discrimination.

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