Theresa A. Kelly


F: (973) 206 6567
Overview Experience Insights News Education and Credentials Recognition and Community


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.


Prior results do not guarantee a similar outcome.

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


Education and Credentials

Boston College Law School, J.D., 1988
University of Wisconsin, Madison, B.S., 1985
State of New Jersey
U.S. Court of Appeals for the Third Circuit
U.S. District Court, District of New Jersey
American Bar Association
Morris County Bar Association
New Jersey State Bar Association, Labor and Employment Law Section

Recognition and Community


Chosen for inclusion in the Chambers USA Legal Directory (Chambers & Partners) of recognized practitioners for Labor and Employment attorney in New Jersey, 2009-2022

Chosen for inclusion in The Best Lawyers in America (Woodward/White, Inc.), Employment Law - Management, 2013-2024, Labor Law - Management, 2014-2024, Litigation - Labor and Employment, 2013-2024

Selected to the list of New Jersey Super Lawyers (Thomson Reuters), Employment and Labor, Employment Litigation, 2010, 2012-2019, 2021-2023

AV Preeminent rated by Martindale-Hubbell (LexisNexis)

No aspect of these advertisements has been approved by the highest court of any state. See Awards Methodology.