Theresa Kelly represents employers in a wide variety of litigation matters, including class actions under wage and hour laws, ERISA and discrimination laws, as well as wrongful discharge suits, whistleblower actions, contract actions and arbitration of employment claims. She defends employers in federal and state courts, as well as before the U.S. Equal Employment Opportunity Commission (EEOC) and various state administrative agencies.
Theresa's practice also includes advising employers on a broad spectrum of employment matters, including hiring, termination, reductions in force, workplace investigations, employee leave and accommodation issues, employee handbooks and policies, and the negotiation and preparation of employment and separation agreements. She also designs and conducts training on many employment law topics, including discrimination and harassment awareness, performance management, interviewing and hiring, wage and hour compliance, social media, FMLA, diversity and disability/religious accommodations in the workplace.
Theresa has represented employers in the banking, healthcare, finance, retail, pharmaceutical and telecommunications industries, among others. She has also represented various non-profit organizations in New Jersey and New York.
Theresa is the chair of Day Pitney’s Pro Bono Committee and captain of the firm’s Pro Bono Partnership program in its New Jersey office.
Defended employers in litigation in federal and state courts under various discrimination laws, the FMLA, wage and hour laws, ERISA, whistleblower claims, and numerous other common law, contract and public policy claims
Negotiated successful settlements of discrimination, harassment, retaliation and wage and hour claims brought under state and federal law
Counseled employers on planning and implementation of reductions in force, including selection of employees for layoff, legal compliance, employee communications and separation and release agreements
Defeated class certification of ERISA claims on behalf of global diagnostics company in federal court
Regularly conducted employment law training for clients nationally on various employment law issues, and one-on-one counseling for executives
Reviewed and revised employer codes of conduct, personnel policies, employee handbooks, employment applications, employment agreements, separation agreements and independent contractor agreements
Represented employers before the EEOC and various state anti-discrimination agencies to obtain dismissal of charges of discrimination, as well as before Departments of Labor at the federal and state level defending wage audits, investigations and employee complaints
Chosen for inclusion in the Chambers USA Legal Directory as a leading labor and employment attorney in New Jersey, 2009-2016
Selected to the list of New Jersey Super Lawyers (Thomson Reuters), Employment and Labor, 2010, 2012-2016
Chosen for inclusion in The Best Lawyers in America, Employment Law, 2013-2017
AV Preeminent rated by Martindale-Hubbell