Kathleen O’Malley practices in the area of employment law and has extensive experience defending litigation involving claims arising under state and federal anti-discrimination statutes, family and medical leave laws, whistleblower laws, common law and contracts.
She regularly counsels clients on day-to-day issues relating to management of employee performance, corrective action, layoffs, wage and hour compliance, discrimination, harassment and retaliation, terminations, requests for accommodations and leave administration.
Ms. O’Malley works with employers on the development of employment policies and procedures, training, and other best practices designed to reduce the risk of employment-related claims.
She also negotiates and drafts executive employment agreements, as well as non-compete, non-solicitation, non-disclosure and severance agreements. Ms. O’Malley conducts internal investigations of claims of workplace harassment, discrimination and other code of conduct violations.
Ms. O’Malley defends employers in matters before state and federal courts and before state and federal administrative agencies, such as the Equal Employment Opportunity Commission (EEOC), the New Jersey Division on Civil Rights (DCR) and the Department of Labor (DOL). She has a practical approach to advising clients of their options for addressing and resolving legal problems, keeping in mind their business needs and fiscal concerns.
- Won a defense verdict for a community hospital in a multi-plaintiff case following a two-week, jury trial involving claims of retaliation under the New Jersey Law Against Discrimination and claims of defamation.
- Obtained a jury verdict on defamation and retaliation claims after a one-week trial concerning mandatory disclosures by a healthcare entity and its staff under the New Jersey Health Care Professional Responsibility and Reporting Enhancement Act (commonly referred to as the Cullen Law).
- Succeeded on a motion for summary judgment for national advocacy firm involving claims of constructive discharge and breach of contract filed by former employee.
- Prevailed at arbitration on behalf of large investment firm on claims of tortious interference, defamation and intentional infliction of emotional distress based on Form U-5 reporting.
- Won summary judgment motion for employer and individuals named in lawsuit (human resources professional and manager) on claims of discrimination and hostile work environment.
- Helped clients avoid liability and litigation related to terminations and reductions in force.
- Represented clients in connection with Department of Labor (DOL) audits.
- Conducted compliance audits and training for clients in various industries.
Education : Rutgers School of Law – Camden, J.D., 1991
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Eastern District of Pennsylvania
- Supreme Court of Pennsylvania
- Supreme Court of New Jersey
- Burlington County Bar Association
- Camden County Bar Association
Rate : $$$$