Smith Eibeler Law

03/28/2025

Proud and appreciative for the opportunity to represent Mr. Neuwirth in his fight for justice

State agreed to settle the unlawful termination lawsuit with Christopher Neuwirth, and officials said he did not violate any state ethics rules during his tenure.

05/06/2024

Supreme Court decision puts an end to state government use of confidentiality directives on victims of discrimination

The New Jersey Supreme Court issued a decision today invalidating a state employment regulation that required state workplace investigators to request victims and witnesses in harassment ...

05/10/2023

Harassment victims should never be silenced from speaking freely about their experiences of discrimination. No other state in the United States imposes the level of strict confidentiality that New Jersey continues to impose upon its state employees. We are pleased the highest court has decided to review this vitally important issue.

Employer policies that restrict employees’ ability to speak about harassment in the workplace have lost favor, plaintiff Viktoriya Usachenok's petition stated.

06/03/2022

https://www.nj.com/politics/2022/06/defamation-case-against-murphy-by-fired-nj-health-official-can-proceed-judge-rules.html?outputType=amp

Court rejects arguments that the claim was without merit because it had failed to show “actual malice” by the governor.

05/27/2021

Mr. Neuwirth seeks to amend his pending whistleblower lawsuit to add claims of defamation against Governor Murphy and Assemblyman DePhillips

A top official leading New Jersey's COVID-19 response says he gave Phil Murphy a chance to apologize for 'false' statements about his firing.

03/23/2021

Congratulations to Bob Smith, Chris Eibeler and Katy McClure for being named to the 2021 Super Lawyers list and to Meghan Chrisner-Keefe for being named to the 2021 Rising Stars list. According to nomination guidelines, only 5% of practicing attorneys are selected as Super Lawyers and 2.5% as Rising Stars.

03/18/2021

"The case is a rare example of a plaintiff winning a favorable outcome in a suit over free speech in the workplace"

The plaintiff found herself at the center of a viral news story about digital removal of a Donald Trump: Make America Great Again logo from the T-shirt of a student in a yearbook photo.

03/18/2021

We are grateful for the opportunity to represent Susan in her pursuit of justice

The former yearbook supervisor said her life has never been the same.

12/21/2020

Are companies improperly using provisions to cheat out of related earned ?

Employers are increasingly attempting to avoid having to pay sales employees their rightfully earned and owed sales commissions during the COVID pandemic. In many cases, a company has no legal ...

11/03/2020

Under New Jersey law, one racially offensive epithet, if severe enough, can constitute a hostile work environment. This is not the law in every state in the United States though, where some courts have held, including a decision written by newly appointed Supreme Court Justice Amy Coney Barrett, that a single racial epithet can never be severe enough to meet the standard for an actionable claim of hostile work environment.

While there are federal and state laws that protect employees from racial discrimination in the workplace throughout the country, these laws are not always uniform in terms of the severity or ...

09/24/2020

We are proud for the opportunity to represent Ms. Pickus in her pursuit for justice

Loretta Pickus has brought an unlawful termination and gender discrimination suit against the Ocean Casino Resort in Atlantic City after she was fired for raising concerns about allegedly falsified meeting minutes.

09/04/2020

A New Jersey regulation barring state workers from discussing discrimination claims has been revised after facing a First Amendment challenge, but some lawyers think the new wording still has a chilling effect on sexual harassment victims. The disputed regulation “restricts and chills speech, and dissuades employees from making complaints of discrimination, harassment, or retaliation and/or participating in investigations into complaints of discrimination, harassment, or retaliation,” Attorney Christopher Eibeler said in court papers filed with the Appellate Division.

Lawyers challenging the restrictions say they run counter to the movement's tenet that women experiencing sexual harassment and abuse can find strength from hearing about others with similar experiences.