Lindabury, McCormick, Estabrook & Cooper, P.C. Home
John H. Schmidt, Jr.
John H. Schmidt, Jr. concentrates his practice in the areas of employment litigation (including whistleblower claims, discrimination, breach of contract, wrongful discharge, and violation of restrictive covenant matters), traditional labor matters, and general corporate and commercial litigation.
For more than thirty five years, John Schmidt has represented management in all areas of labor and employment counselling and litigation (including matters involving employment discrimination, breach of contract, wrongful discharge, and violation of restrictive covenant matters); he also engages in general corporate and commercial litigation. He has significant courtroom experience, having tried many cases in both the state and Federal courts, and has argued numerous cases before the New Jersey Supreme Court, the United States Court of Appeals for the Third Circuit and the Appellate Division of the Superior Court of New Jersey. He has also arbitrated numerous labor matters, and has handled charges and hearings before both the Equal Employment Opportunity Commission and the New Jersey Division on Civil Rights.
John is an experienced litigator who tenaciously advocates on behalf of employers. Recently John represented a New Jersey based engineering company and won on summary judgment the dismissal of plaintiff’s complaint alleging wrongful termination and violations of the ADA and NJLAD. The court in this matter found that defendant demonstrated a legitimate, nondiscriminatory reason for plaintiff's termination.
In 2015 Mr. Schmidt was first included in Chambers and Partners' USA Guide to Labor & Employment attorneys. Chambers and Partners is a highly regarded ranking company that distinguishes its listings by gathering information from clients, not from other lawyers. John, together with other members of Lindabury’s Labor and Employment practice group, was co-author of the New Jersey chapter of the 2020 Chambers Chapter on New Jersey Employment Law, as well as the 2019 Chambers Global Practice Guide for Regional Employment.
John is a founding member of the Academy of New Jersey Management Attorneys and is a fellow of the College of Labor and Employment Lawyers.
Certified by the New Jersey Supreme Court as a Trial Attorney, 1985 – present
Speaking Engagements- Speaker, “Avoiding Common Wage and Hour Pitfalls for Non-Exempt and Exempt Employees,” Regional Finance & Technology Conference at the Metropolitan of the Oranges YMCA
- Speaker, "Protected Employee Speech and Unionization Activities In The Workplace Seminar" Lindabury McCormick hosted seminar
- Speaker, “Wage & Hour Update” Lindabury McCormick hosted seminar
- Speaker, “Documentation, Discipline, Discharge,” New Jersey Business & Industry Association HR Seminar Series
- Speaker, “Employment Law Roundtable: Current Issues in Employment Law – Whistleblowing/CEPA update,” NJ ICLE
- Speaker, “Arbitration of Employment Cases,” Lindabury McCormick hosted seminar
- Speaker, “Hot Tips In Labor and Employment Law – CEPA Update 2014,” NJ ICLE
- Speaker, “Restrictive Covenants and Non-Compete Agreements: Drafting, Enforcing and Calculating Damages,” NJ ICLE
- Speaker, “Taking Employment Related Depositions,” Association of New Jersey Management Attorneys
- Speaker, “Ban the Box,” Regional Meeting of New Jersey YMCA
- Speaker, “Hot Tips in Labor and Employment Law – CEPA Update 2013,” NJ ICLE
- Speaker, “Fighting & Defeating Restrictive Covenants,” NJ ICLE
- Speaker, “Hot Tips in Labor and Employment Law – CEPA Update 2012,” NJ ICLE
- Speaker, “Restrictive Covenants and Non-Compete Agreements: Drafting, Enforcing and Calculating Damages,” NJ ICLE
J.D., Seton Hall University School of Law, 1977
cum laude
B.A., Rutgers College, 1973
United States Court of Appeals for the Third Circuit, 1979
United States District Court District of New Jersey, 1977
United States District Court Southern District of New York, 2005
Supreme Court of the United States , 1985
- The Best Lawyers in America©, Employment Law - Management (2012-2021);
The Best Lawyers in America, Litigation - Labor and Employment (2012-2021);
(No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Selection methodology is available here) - Super Lawyers©, Employment Law (2005-2020);
(No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Selection methodology is available here) - Martindale-Hubbell (AV)
- ADP v. Kusins, 460 N.J. Super. 368 (App.Div. 2019), cert. denied. 240 N.J. 419 (2020)
- D.G. ex rel J.G. v. North Plainfield Board of Education, et al., 400 N.J. Super 1 (App. Div. 2008), certif den., 196 N.J. 346 (2008), cert. den., 129 S. Ct. 776 (2008)
- United States of America ex rel Phil Hefner v. Hackensack University Medical Center, 495 F.3d 103 (3d Cir. 2007)
- Feldman v. Hunterdon Radiological Associates, 187 N.J. 228 (2006) - NJ Supreme Court decision
- Peters v. Lincoln Technical Institute, Inc., 255 F. Supp. 2d 417 (E.D. Pa. 2002)
- Wade v. Kessler Institute of Rehabilitation, 343 N.J.Super. 338, (App. Div. 2001), aff'd as modified, 172 N.J. 327 (2002)
- In Re Lucent Technologies Inc. Securities Regulation, 194 FRD 137 2000
- Higgins v. Pascack Valley Hospital, 158 NJ 404, 730 A.2d 327 (NJ 1999)
- Falco v. Community Medical Center, 296 N.J.Super. 298, 686 A.2d 1212 (App.Div. 1997)
- Casseus v. Elizabeth General Medical Center, 287 N.J.Super. 396, 671 A2d 176 (App.Div.1996)
- Sammon v. Watchung Hills Bank for Savings, 259 N.J.Super 124, 611 A.2d 674 (1992)
- State v. Ghegan, 213 N.J.Super. 383, 517 A.2d 490 (App.Div. 1986)
- Mailman, Ross, Toyes & Shapiro v. Edelson, 183 N.J.Super. 434, 444 A.2d 75 (NJ Chan. 1982)
- Westfield Area Y, Board Member
- Furniture Assist, Board Member
- Westfield Foundation, Board Member
- Second Street Youth Center, Board Member
