Harris S. Freier is a Partner in the Firm's Newark, NJ office and is a member of the Complex Commercial Litigation Appellate Employment Law & Litigation Defense, Procurement & Bid Protest Litigation Trade Secrets, Restrictive Covenants & Non-Competes Practice Group as well as the Transportation & Logistics, Hotels & Restaurants and other industry Groups. Mr. Freier litigates employment law cases with a focus on restrictive covenant, class actions and appellate matters and routinely handles age, race, religion, gender and disability discrimination cases before state and federal courts.
Mr. Freier regularly works on bid protests, contract negotiations and contract interpretation for service industry clients. He has a strong traditional labor background, successfully litigating Labor Management Relations Act (LMRA) cases before district and circuit courts. He has handled labor arbitrations for the City of New York and worked on a variety of labor matters involving plant closings, relocations and employee grievances.
Mr. Freier was at the forefront of analyzing the 2010 national health care reform legislation with regard to its impact on employers. He has advised clients and co-authored an article on the act, “Health Care Reform Implications for Employers: Make sure you are positioned to implement the new mandates,” New Jersey Law Journal (May 2010). He works closely with the Corporate Political Activity Practice and co-authored “Don’t Let Employees’ Individual Political Activities Put the Company at Risk,” with fellow Partner Rebecca Moll Freed, published in New Jersey Lawyer in June 2014. He and Ms. Freed presented “Election Politics and the Watercooler” to the Newark Regional Business Partnership in September 2016.
Mr. Freier has committed a significant amount of time to pro bono representation, winning a reversal of a summary judgment for his client in a prison abuse case before the U.S. Third Circuit Court of Appeals.
He also has provided employment counseling to a nonprofit dance group.
- Successfully represented a longstanding employer client before the Third Circuit Court of Appeals in a hard-fought, four-year relatively rare labor litigation against the employer’s union. The Third Circuit’s decision affirmed the District Court’s dismissal of the union’s claims and grant of summary judgment, which resulted in a victory for the client. This case involved claims by the union under Section 301 of the LMRA alleging that the employer improperly disciplined a number of employees in violation of the parties’ collective bargaining agreement.
- Successfully represented a large client in a non-compete matter before the Third Circuit Court of Appeals regarding the validity of clickwrap agreements. Mr. Freier was recognized as a “Legal Eagle” by Law360 for this case.
- Successfully represented a major bank in restrictive covenant litigation, obtaining temporary and preliminary restraints and ultimately liability at trial, preventing former officers of a subsidiary from poaching clients after they resigned without notice.
- Successfully had claim dismissed in a litigation in which a mentally disabled woman was allegedly raped by a co-worker at a New Jersey hospital and then sued the hospital for negligent hiring.
- Successfully litigated at the trial and appellate levels a disability discrimination case for a New Jersey hospital in which the plaintiff alleged he was terminated because of an attention deficit hyperactivity disorder.
- Successfully represented a major nursing home chain over the course of two years in a whistle blower retaliation case under CEPA in which the plaintiff alleged claims of age and national origin discrimination under the NJLAD. This culminated in a three-week trial in which a favorable settlement was reach on behalf of the client as the jury was deliberating.
- Was successful before the Third Circuit Court of Appeals when it affirmed the District Court of New Jersey’s summary judgment decision in favor of the client, a major media corporation, in race and age discrimination case spanning two and a half years.
- Was successful before the District Court of New Jersey on behalf of a client being sued by a vendor’s employee alleging violations of ERISA and the LMRA.
- Won summary judgment on behalf of a major media corporation in the District Court of New Jersey in a suit in which the single plaintiff alleged claims of race, ethnicity and ancestry discrimination as well as retaliation under state and federal law.
- Won a motion to dismiss with prejudice in a NJLAD disability discrimination case at the trial level where the plaintiff alleged a disability based upon a failed drug test.
- Won a partial motion to dismiss in favor of a major telecommunications company in the Supreme Court of New York, which dismissed the plaintiff’s wage and hour claims, significantly reducing the client's liability.
- New Leader of the Bar 2015, New Jersey Law Journal
- Rated AV® Preeminent™ in Labor and Employment Law by Martindale-Hubbell since 2014
- Named to the Rising Star list by the publishers of New Jersey Monthly and Super Lawyers® since 2013
- Lead NJ Fellow (2014)