Practice and Industry Groups

Michael J. Riccobono

Associate Morristown

Michael J. Riccobono is an employment litigator who regularly defends employers against single- and multi-plaintiff discrimination, harassment, whistleblower, retaliation, and non-competition/non-solicitation matters before both state and federal courts and government agencies.  He has represented employers of all sizes and from a number of different industries, ranging from international Fortune 500 corporations to closely-held and family businesses, in the financial, pharmaceutical, manufacturing, and insurance industries.  In addition to handling complex employment litigation, Michael regularly works closely with in-house counsel, executive officers and directors, and human resources professionals on a wide range of day-to-day employment counseling issues. 

Prior to joining Ogletree Deakins, Michael worked in the Employment and Labor Law Department at Gibbons P.C.  Michael is also a former judicial law clerk to the Honorable Patricia K. Costello, A.J.S.C. (Ret.).


Experience

Litigation

  • Defends single- and multi-plaintiff litigation and EEOC investigations involving Title VII, ADA, ADEA, FLSA, FMLA, LAD, CEPA, NYHRL, NYCHRL, breach of contract claims, and employment-related torts.
  • Human Resources Counseling

  • Provides advice and counsel to employers concerning a variety of day-to-day employment-related issues, including drafting of employee handbooks and personnel policies, leave requirements, internal investigations, workplace reductions, and labor matters.
  • Unfair Competition and Trade Secrets

  • Prosecutes and defends lawsuits seeking temporary and injunctive relief related to non-competition and non-solicitation agreements, and claims of misappropriation of trade secrets, tortious interference, breach of contract, and breach of fiduciary duty.
  • Whistleblower and Retaliation Threats

  • Regularly provides advice on every phase of whistleblower and retaliation matters, from responding to complaints to defending litigation.
  • Employment Agreements

  • Drafts and reviews various employment-related agreements, including employment agreements, severance and release agreements, confidentiality agreements, and non-competition and non-solicitation agreements.
  • Representative Matters

  • Obtained summary judgment in age discrimination and employee/independent contractor lawsuit brought under the New Jersey Law Against Discrimination in New Jersey state court on behalf of international insurance company.
  • Obtained summary judgment dismissing former employee’s FMLA interference and retaliation claims in New Jersey federal court on behalf of national pharmaceutical company
  • Obtained complete dismissal with prejudice of former employee’s claims of age discrimination under the ADEA, national origin and religious discrimination under Title VII, and disability discrimination under the ADA in New York federal court on behalf of large supermarket company.
  • Obtained injunctive relief preliminarily enjoining and restraining a client’s former employee from soliciting its current employees and/or customers and from disclosing its confidential information in violation of non-compete/non-solicitation agreement.
  • Successfully negotiated favorable settlements in numerous matters involving claims of discrimination, harassment, failure to accommodate, retaliation, hostile work environment, and FMLA violations.
  • Reported Cases

  • Newnam v. Chubb & Son, 2015 N.J. Super. Unpub. LEXIS 205 (App. Div. Feb. 5, 2015)
  • Palan v. Inovio Pharmaceuticals, 2015 U.S. Dist. LEXIS 112850 (E.D. Pa. Aug. 26, 2015)

Professional Activities and Speeches

Professional Activities:

  • Seton Hall University School of Law Alumni Council
  • NJ LEEP – Young Professionals Board; Mentor
  • Sidney Reitman Employment Law Inn of Court – Program Planning Committee, 2013-2015; 2015-2017
  • New Jersey State Bar Association
  • Essex County Bar Association

Media

Published Works

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Our Insights

Frequently Asked Questions About the New Jersey Paid Sick Leave Law, Part III

October 10, 2018

Frequently Asked Questions About the New Jersey Paid Sick Leave Law, Part II

October 09, 2018

Frequently Asked Questions About the New Jersey Paid Sick Leave Law, Part I

October 08, 2018

New Jersey Law Expands Striking Workers’ Eligibility for Unemployment Benefits and Imposes Penalties for Hiring Permanent Replacements

September 12, 2018

New Jersey 2018 Legislative Update: 11 Bills That Employers Should Watch

July 05, 2018

New Jersey Paid Sick Leave Bill Signed Into Law

May 04, 2018

New Jersey Enacts Expansive Equal Pay Law

April 25, 2018

New Jersey Upgrades Ban-the-Box Law to Cover Inquiries Into Expunged Criminal Records

December 29, 2017

New Jersey Bill Seeks to Significantly Restrict the Use and Enforceability of Non-Compete Agreements

November 20, 2017

New Jersey Bill Seeks to Codify Two-Year Statute of Limitations and to Prohibit Waivers of Employee Rights Under the NJLAD

November 09, 2017

New Jersey Court Invalidates Regulation Defining ‘Simple Misconduct’ Under Unemployment Law

September 06, 2017

New Jersey Bills to Provide Employment Protections for Medical Marijuana Patients Introduced

April 03, 2017

New Jersey Bill Seeks to Increase Family Leave Insurance Benefits

April 03, 2017

New Jersey Bill Seeks to Expand Employers' Obligations to Disclose Wage Information to Employees

March 29, 2017

New Jersey Bills Seek to Strengthen Protections Against Employment Discrimination and Promote Equal Pay for Women

March 07, 2017

New Jersey Court Strikes Down ‘Ambiguous’ Jury-Waiver Agreement

March 02, 2017

New Jersey Assembly Labor Committee Advances Bill Concerning Payment of Freelance Workers

January 30, 2017

Morristown, New Jersey Paid Sick Leave Notice and Poster Now Available

January 06, 2017

New Jersey Minimum Wage Update, Poster Update, and Annual Reminders

December 29, 2016

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