Maureen S. Binetti - Employment Lawyer in NJ

Maureen S. Binetti
Phone: 732.855.6034
Fax: 732.726.6698
Bar Admission:

New Jersey, 1982
U.S. District Court, District of New Jersey, 1982
U.S. Court of Appeals, 3rd Circuit, 1994
U.S. District Court, Southern District of New York, 2006
U.S. Supreme Court, 2015

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Education:

J.D., Rutgers School of Law - Newark, 1982, Rutgers Law Review
B.A., Douglass College, Rutgers University, New Brunswick, High Honors, 1977

Biographical Information:

Maureen Binetti is Chair of Wilentz, Goldman & Spitzer, P.A.’s employment law practice and has been a Shareholder with the firm since 1990.  Ms. Binetti has a nationwide reputation as a leading employment lawyer and a long history of success as a trial lawyer. Her areas of focus include litigation, arbitration, negotiation, mediation and investigation of employment law disputes, as well as employment advice to both employees and employers. Ms. Binetti also handles public accommodation discrimination cases.

Litigation: Trial and Appellate Practice

One of the very few female or employment attorneys certified by the New Jersey Supreme Court as a Civil Trial Attorney, Ms. Binetti has handled both sides of employment disputes for over 35 years, in the New Jersey state and federal courts.  These disputes involved claims of harassment and discrimination based on age, gender, sexual orientation, race, ethnic origin, nationality, marital status, religion, and physical, psychological and learning disabilities; whistleblower and other retaliation claims; claims involving restrictive covenants and employment contracts; and wage and hour and other class actions.

Although the majority of her litigation practice is on behalf of employees, Ms. Binetti regularly represents small to medium-sized employers and professional groups in litigation, as well as providing them day-to-day employment advice.  She has tried numerous cases to verdict, and has argued multiple times before the New Jersey Supreme Court, often resulting in the creation of new law in the employment arena.  Ms. Binetti is perhaps best known for her successful representation before the New Jersey Supreme Court of the plaintiff in the seminal case of Fuchilla v. Layman, a sexual harassment and civil rights action, and for securing a $1 million verdict in a retaliation case that involved the Conscientious Employee Protection Act (CEPA), and the New Jersey Law Against Discrimination (NJLAD). She has tried cases to verdict under the NJLAD, the CEPA and the Americans with Disability Act (ADA), and has handled proceedings before the Equal Employment Opportunity Commission (EEOC) and the New Jersey Division on Civil Rights. 

Neutral Services

Ms. Binetti’s extensive experience in managing both sides of employment disputes uniquely qualifies her to perform neutral services.  Therefore, in addition to her litigation practice, Ms. Binetti often serves as an independent investigator of internal employee complaints, and as a state-approved mediator of employment claims. She has investigated all types of internal workplace complaints over 25 years, often resulting in the amicable resolution of potential legal issues. In addition, she has successfully mediated more than 550 employment law claims over the past 15 years, many pursuant to the early mediation requirement of all employment disputes by the New Jersey state courts, thereby helping parties avoid costly, risky and emotionally exhausting trials by resolving the majority of the disputes at an early stage, prior to discovery.

The majority of these disputes involved substantial damages, allegations of intentional harm, and complex legal and factual issues, in addition to high levels of emotion on both sides.  Ms. Binetti has a proven track record of success handling and settling both single and multi-plaintiff cases raising all types of statutory and common law claims.  Examples of cases Ms. Binetti has successfully mediated include: a nine-plaintiff workplace dispute involving alleged claims of multiple types of harassment by different plaintiffs; an age discrimination and breach of contract dispute by a former partner against a law firm; a variety of CEPA claims against hospitals, pharmaceutical companies, accountants, and other businesses; and multi-plaintiff cases involving allegations of severe sexual harassment and assault in the workplace. Ms. Binetti is listed on both the mediation and arbitration rosters of the American Arbitration Association (AAA). 

Ms. Binetti has been consistently selected for inclusion in Best Lawyers in America® in the practice areas of Employment Law - Individuals and Litigation - Labor & Employment since 2007, and in New Jersey Super Lawyers® since 2005, including in the Top 50 Female List 2008-2016 and the Top 100 List 2008-2015. She is the author of numerous articles and other publications on employment law developments which impact the workplace. She is also a recurring speaker at the American Bar Association (ABA) and the New Jersey Institute for Continuing Legal Education (NJICLE), among others, and has given numerous trial advocacy and mediation seminars.  She serves as a Bencher and team leader for the Sidney Reitman Employment Law Inn of Court, and is a member of the Justice Marie L. Garibaldi Inn of Court for Alternative Dispute Resolution, as well as the National Academy of Distinguished Neutrals, New Jersey Chapter.  A Fellow of the College of Labor and Employment Lawyers, Ms. Binetti is Co-Chair of the ABA Labor and Employment Section’s Trial Advocacy/Moot Court Competition Committee and former Co-Chair of its Employment Rights and Responsibilities (ERR) Committee, as well as its Workplace Investigations Subcommittee.  She is a member of the Executive Committee of the New Jersey State Bar Association’s Labor and Employment Section. 

Published Works:

  • Co-author, Employment Litigation in New Jersey, Chapters 16 (Wage & Hour Claims) and 17 (Class Actions), (2006 and yearly updates)  Lexis/Nexis/ Matthew
  • Co-Author, Chapter 8, Multiplaintiff Litigation and Class Actions - Plaintiffs’ Perspective, Litigating the Sexual Harassment Case, American Bar Association (2010)
  • Author, The Employer as Big Brother, New Jersey Lawyer, The Magazine, 260 Oct. N.J. Law 15 (Oct. 2009)
  • Author, Reach Out to Jurors In Employment Cases, Trial Magazine (AAJ), 44-DEC. Trial 59 (Dec. 2008)
  • Author, Romance in the Workplace:  When Love Becomes Litigation, Hofstra Labor and Employment Law Journal, 25 Hofstra Lab. and Emp. L.J. 153 (Fall 2007)
  • Author, The Employment-at-Will Doctrine: Have Its Exceptions Swallowed the Rule?  Common Law Limitations Upon an Employer’s Control over Employers-at-Will, 650 LITIGATION: HANDLING WRONGFUL TERMINATION CLAIMS 2001: WHAT PLAINTIFFS AND DEFENDANTS HAVE TO KNOW 577 (Practicing Law Inst. ed. 2001)
  • Co-Author, To Sue or Be Sued: Malpractice and the Entire Controversy Doctrine, 3 N.J. Law. 2471 (1994)
  • Author, The Child’s Right to “Life, Liberty, and the Pursuit of Happiness”  Suits by Children Against Parents for Abuse, Neglect and Abandonment, 34 Rutgers L. Rev. 154 (1981-1982)

Reported Cases:

  • Battaglia v. United Parcel Services, Inc., 214 N.J. 518 (2013)
  • Fitzgerald v. Stanley Roberts, Inc., 186 N.J. 286 (2006)
  • Zubrycky v. ASA Apple, Inc., 381 N.J. Super. 162 (App. Div. 2005)
  • Ford v. Schering-Plough Corp., 145 F.3d 601 (3rd Cir. 1998)
  • Mortgagelinq Corp. v. Commonwealth and Title Ins. Co. et al, 142 N.J. 336 (1995); 275 N.J. Super. 79 (App. Div. 1994)
  • Neil S. Sullivan Associates, Ltd. v. Medco Containment Services, Inc., 257 N.J. Super. 155 (Law Div. 1992)
  • Fuchilla v. Layman, 109 N.J. 319 (1988)

Honors and Awards:

  • New Jersey Super Lawyer, 2005 - Present, Thomson Reuters
  • New Jersey Super Lawyer, Top 100 List (2008-15), Thomson Reuters
  • New Jersey Super Lawyer, Top 50 Female List (2008-16), Thomson Reuters
  • Best Lawyers in America, Employment Law - Individuals, Labor and Employment Law, 2006 – Present

Best Lawyers (http://www.bestlawyers.com/About/Methodolgy Basic.aspx) is published by Best Lawyers in partnership with U.S. News & World Report.  Super Lawyers (http://www.superlawyers.com/about/selection_process_detail.html) is published by Thomson Reuters.  A description of their selection process can be found in the respective links above. The aforementioned organizations are private peer review organizations, not court specific public certification vehicles. No aspect of this advertisement has been submitted to or approved by the Supreme Court of New Jersey.

Professional and Community Associations/Memberships:

  • American Bar Association, Labor and Employment Section
  • Trial Advocacy Committee Co-Chair
  • Former Employment Rights and Responsibilities Committee Co-Chair
  • Former Workplace Investigations Subcommittee Co-Chair
  • New Jersey State Bar Association, Labor and Employment Section, Member Executive Committee
  • Co-Chair Trial Practices Subcommittee
  • Middlesex County Bar Association
  • National Employment Lawyers Association
  • National Employment Lawyers Association, New Jersey Chapter
  • National Academy of Distinguished Neutrals, New Jersey Chapter
  • Bencher, Sidney Reitman Employment Law American Inn of Court
  • Member, Justice Marie Garibaldi Alternative Dispute Resolution Inn of Court
  • New Jersey Superior Court Civil Mediation Program Mediator
  • American Arbitration Association Employment Mediator and Arbitrator
  • Member, Board of Trustees, Middlesex County College Foundation
  • Former Member Ethics Committee, Middlesex County