John Miller is a Principal in the Firm’s Labor and Employment group. He focuses his practice in the areas of employment law, specifically in representation of management in both employment counseling and employment litigation.
John handles a variety of employment law matters in state and federal courts as well as before administrative agencies, including the EEOC, and arbitration forums including AAA, FINRA and JAMS. He has litigation and counseling experience in numerous areas of employment law, including issues involving FMLA, FLSA, ADA, restrictive covenants, non-competition issues, harassment, discrimination, and whistleblowing. Additionally, he has substantial experience successfully asserting claims against former employees for repayment of upfront loans owed to the former employer. John has successfully defended management in class and collective actions and has handled numerous investigations by management into allegations of employee wrongdoing.
John works with employers to develop strategic labor initiatives and long-range strategies, and guides management in creating employee engagement to support a productive and issue-free workplace, including handbook reviews and statutory and regulatory compliance.
Prior to rejoining the firm in November 2017, John was Director and General Counsel for the employment law unit at a worldwide financial services firm. He was responsible for providing in-house training to new managers on the Firm's policies as well as the employment laws for the various states in which the managers worked. In this role, John maintained an active litigation calendar focused primarily on employment law claims before FINRA.
John received his J.D. from Seton Hall University School of Law and his B.A from the University of Central Florida.
2017 Notable Employment Decisions/Results:
- Ko v. AIG: In this failure to accommodate and religious discrimination case filed in the District Court for the District of New Jersey, Court granted AIG’s Motion to Dismiss the failure to accommodate claim. Thereafter, Court granted AIG’s request to file a Motion for Summary Judgment Prior to the Close of Discovery (and before depositions) as to the remaining religious discrimination claim. Rather than oppose the Motion, Plaintiff made a settlement overture that resulted in settlement for a nominal amount of money. Settlement was secured without any deposition testimony from AIG employees or from Plaintiff.
- Mallek v. UBS Financial Services Inc.: After an extensive investigation, the EEOC issue a finding of No Probable Cause and dismissed the Charge of age discrimination filed by a female applicant for an assistant position in the Group Regulatory Relations & Strategic Initiatives Department.
2016 Notable Decisions/Results:
- Amodio v. UBS Financial Services Inc.: After an extensive investigation, the New York Division of Human Rights issued a finding of No Probable Cause and dismissed an attorney-applicant’s Charge of age discrimination.
- Esposito v. UBS Financial Services Inc.: In this Ohio state court action, as a result of UBS’ contemplated motion to stay/dismiss, UBS secured a voluntary dismissal of the Complaint with no payment to Plaintiff or his counse
- Ko v. AIG: Federal District Court Judge granted AIG's threshold Motion to Dismiss holding that Plaintiff's Complaint failed to allege facts sufficient to support his religious discrimination claim
- Securities Firm v. Former Employee (names withheld based on confidential nature of the matter): In a FINRA arbitration involving raiding and unfair competition claims, Securities Firm obtained a multi-million dollar settlement against a former employee and the new employer.
News & Insights
- Reminder: New York City’s Ban on Pre-Employment Drug Testing for Marijuana and THC Takes Effect on May 10, 2020Alert, Labor and Employment Law Alert, 05.08.2020
- Firm News, 12.20.2017
Speaking Engagements & Events
- Turning The Page on COVID-19: Employment Issues Businesses Will Face as the Country Gets Back to the New NormalWebinar, 06.03.2020
- Event, Florham Park, New Jersey, 04.17.2019
Associations & Organizations
- American Bar Association, Labor and Employment Section
- New Jersey State Bar Association, Labor and Employment Section
Areas of Practice
- Seton Hall University School of Law, J.D., 1999
- University of Central Florida, B.A., 1995
- New Jersey
- Washington, D.C.
- U.S. District Court, District of New Jersey