Jonathan Ben-Asher

Jonathan Ben-Asher: Attorney with Ritz Clark & Ben-Asher LLP
Attorney Awards
About Attorney Awards

Biography

Awards:

- Best Lawyers in America, 2010-2024; Best Lawyers in the New York Area, 2008-2025

- Lawdragon 500 Leading Plaintiffs Employment and Civil Rights Lawyers: 2018 – 2025

- Benchmark Litigation: 2022 – 2023

- New York Super Lawyers – Metro, 2007-2025

- Fellow, College of Labor and Employment Lawyers, 2006-present

- Martindale-Hubbell Bar Register of Preeminent Lawyers; AV rated

- Board of Advisors, New York University School of Law Center for Labor and Employment Law, 2010-present

Publications and Speaking Engagements:

- Negotiating Executive Employment Contracts to Anticipate Disputes: American Bar Association, Employment Rights and Responsibilities Committee Meeting — March, 2025.

- Whistleblowing Law Developments – 2024, Practising Law Institute, Employment Law Institute — October, 2024.

- Tomorrow’s Workplace: Navigating Emerging Technology & Employment Law, New York City Bar Association Employment Law Institute — March, 2024

- Artificial Intelligence and Employee Monitoring: Big Brother is an Algorithm Named Julie, and She’s Hiring, Watching and Rating You — New York State Bar Association, Labor & Employment Law Section, Fall Meeting – October, 2023 (https://www.rcbalaw.com/wp-content/uploads/2023/10/Jonathan-Ben-Asher-paper-Artificial-intelligence-panel-1.pdf)

- Employment Law Developments in the Pandemic: Practising Law Institute, Employment Law Institute – October, 2022

- Whistleblowing Law Developments: Practising Law Institute – October, 2022

- Artificial Intelligence and Employee Monitoring: Big Brother is an Algorithm Named Julie, and She’s Hiring, Watching and Rating You — American Bar Association, ABA Section of Labor and Employment Law, Employment Rights and Responsibilities Committee Meeting – March, 2022

- Developments in Whistleblower Law: New York University School of Law, Center for Labor and Employment Law 74th Annual Conference, Initiatives of the Biden Administration – June, 2022

- What New Jersey Lawyers Need to Know about New York Employment Law: NJ Institute for Continuing Legal Education – April, 2022

- New Developments in Whistleblower Protections and Litigation: Practising Law Institute, Employment Law Institute – October, 2021

- Whistleblower Cases under Sarbanes-Oxley and Dodd-Frank: Annual Employment Law Workshop for Federal Judges, Federal Judicial Center, Center for Labor and Employment Law at NYU School of Law – March, 2020

- The Gig Economy: New York State Bar Association Section of Labor and Employment Law Annual Meeting – January, 2020

- Ethical Considerations in Employment Law: American Bar Association Section of Labor and Employment Law Annual Conference – November, 2019

- Divide, Conquer and Acquire: How Employers, Employees and Unions Travel the Tricky Landscape of Mergers and Acquisitions, American Bar Association, Section of Labor and Employment Law, Annual Conference – November, 2018

- Counseling Executives and Companies When the House Goes Bust: American Bar Association Section of Labor and Employment Law, Employment Rights and Responsibilities Committee Midwinter Meeting – March, 2018

- The Brave New World of Trade Secrets and Non-Competes: Litigating Non-Compete and Confidentiality Agreements, American Bar Association, Section of Labor and Employment Law – February, 2018

- Issues in Internal Investigations of Executives: American Bar Association Section of Labor and Employment Law Employment Rights and Responsibilities Committee Midwinter Meeting – March, 2017

- The Yates Memo and its Impact on Corporate Executives: American Bar Association, Section of Labor and Employment Law, Annual Conference – November, 2018

- Retaliation and Whistleblowers: Annual Employment Law Workshop for Federal Judges, Federal Judicial Center, Center for Labor and Employment Law at NYU School of Law – March, 2016

- Internal Investigations of Executives, American Bar Association, Section of Labor and Employment Law, Annual Conference, November, 2015

- Recent Developments in Employment Investigations, Practising Law Institute, October, 2015 and October, 2014

- Developments in Whistleblower Cases under Sarbanes-Oxley and Dodd-Frank, Workshop on Employment Law for Federal Judges, New York University School of Law, Center for Labor and Employment Law, March, 2015

- Lawyers as Whistleblowers, American Bar Association, Section of Labor and Employment Law, Annual Conference, November, 2014

- New Developments in Whistleblower Law, Practising Law Institute, 2014

- Counseling Current Employees, American Bar Association, Section of Labor and Employment Law Annual Conference, November, 2013

- Contractual and Compensation Issues for Financial Services Executives, American Bar Association, Labor and Employment Section, Employment Rights and Responsibilities Committee Midwinter Meeting, March, 2013

- Whistleblower Claims: What They Are and How to Bring Them, American Law Institute / American Bar Association, March, 2011

- Developments in Retaliation Cases, Workshop on Employment Law for Federal Judges, New York University School of Law, Center for Labor and Employment Law, 2010, 2011, 2012

- New and Improved Whistleblower Protections for Employees, The Impact of the Global Economic Crisis on the Workplace, New York University School of Law, Center for Labor and Employment Law, June, 2011

- Negotiating Severance Agreements in an Uncertain Economy, in Termination of an Employee, New York City Bar Association, March, 2011

- Developments in Retaliation Cases, American Bar Association Section of Labor and Employment Law Annual CLE Conference, November, 2009

- Employment Discrimination Claims 2009, Practising Law Institute, June, 2009

- Moderator, The Impact of the Obama Administration on Labor and Employment Law, American Bar Association, Section of Labor and Employment Law, Annual Meeting 2010

- Moderator, Nuts and Bolts of Arbitrating Individual Employment Claims, New York State Bar Association, Section of Labor and Employment Law, 2008, 2010

- Developments in Whistleblower Cases Under the Sarbanes-Oxley Act, American Bar Association Section of Labor and Employment Law Annual CLE Conference, September, 2008

- Representing Whistleblowers in Sarbanes-Oxley Cases, American Bar Association Section of Labor and Employment Law Annual CLE Conference, November, 2007

- Wrongful Termination Actions and Negotiating Severance Agreements, in Termination of an Employee, New York City Bar Association, November, 2005, September, 2006, September, 2007, December, 2008, January, 2010

- Counseling Current Employees, National Employment Lawyers Association Annual Convention, 2006

- Negotiating Severance Agreements, New York County Lawyers Association, May, 2005

- What to Do When the Whistle Blows or How to Blow It: Sarbanes-Oxley’s Dilemmas and Protection for Lawyers, American Bar Association Annual Meeting, August, 2003

- Representing Whistleblowers Under Sarbanes-Oxley, National Employment Lawyers Association Annual Convention, 2004

- Whistleblower Protections under the Sarbanes-Oxley Act, New York Law Journal, October 23, 2002

- What Works and Doesn’t Work in the Mediation of Employment Claims, New York State Bar Association, October, 2005

- Arbitration of Employment Claims – An Overview, August 2001, 2002, and the Family and Medical Leave Act, Basic Employment Rights and Responsibilities, American Bar Association, August 2001

- Employee Leave for Military Service and The EEOC After September 11th, The Aftermath of September 11th: Emerging Issues in Labor and Employment Law, New York State Bar Association, January, 2002

- Discovery of a Plaintiff’s Therapy Records in Litigation of Emotional Distress Claims: From the Couch to Counsel Table and Back, Employee Rights and Responsibilities Newsletter, American Bar Association, Summer, 1997

- Case and Client Evaluation and Agency Practice, How to Handle an Employment Discrimination Case, New York County Lawyers Association, June, 2001, June, 2002, June 2005

- Moderator, In-house ADR Programs: Do They Work? Are They Fair? What Would Improve Them?, New York State Bar Association, January, 2007

- Changes in Federal Rules Alter Discovery Landscape in Employment Cases, The New York Employee Advocate, National Employment Lawyers Association/New York, February, 2001

- Fisher Redux: Pretext Plus What?” The New York Employee Advocate, National Employment Lawyers Association/New York, November/December, 1999



College of Labor and Employment Lawyers, (2006—). Fellow: Reginald Heber Smith Community Lawyer Fellowship Program, 1980-1982.

Areas of Practice (16)

  • Executive Employment Law
  • Employment Contracts
  • Executive Severance Contracts
  • Employee Rights
  • Employment Breach of Contract
  • Employment Termination
  • Retaliatory Discharge
  • Whistleblower Litigation
  • Covenants Not To Compete
  • Employment Discrimination
  • Age Discrimination in Employment
  • Title VII Discrimination
  • Sexual Harassment
  • Employment Arbitration
  • Noncompetition and Non-Solicitation
  • Restrictive Covenants

Education & Credentials

University Attended:
Columbia University, B.A., 1974
Law School Attended:
New York University School of Law, J.D., 1980
Year of First Admission:
1981
Admission:
1981, New York; 1981, U.S. District Court, Southern, Eastern and Northern Districts of New York and U.S. Court of Appeals, Second Circuit
Memberships:
American Bar Association, Section of Labor and Employment Law (Co-chair, Contracts and Executive Compensation Subcommittee, Employment Rights and Responsibilities Committee, 2010-2014; Employee Chair, Section of Labor and Employment Law - Sixth Annual Conference, 2011-2012; Employee Vice-chair, Fifth Annual Section Conference, 2010-2011; Co-chair, Section of Labor and Employment Law Annual Meeting Committee, 2008-2010; Employee Chair, Employee Rights and Responsibilities Committee, 2007—2010; Co-chair, Annual Meeting Committee, 2008—2010; Employee Vice-chair, Fifth Annual Section Conference, 2010-11; Program Co-Chair, Employment Rights and Responsibilities Committee, 2003-2004; Administrative Co-Chair, Employment Rights and Responsibilities Committee, 2004-2007; Co-chair, Contracts and Executive Compensation Subcommittee, Employment Rights and Responsibilities Committee, 2010—; Co-chair, Statutory Rights Subcommittee, Employment Rights and Responsibilities Committee, 2002-2003); New York State Bar Association, (Executive Committee, Labor and Employment Law Section, 2004—; Co-Chair, Committee on Alternative Dispute Resolution in Employment Law, Labor and Employment Law Section, 2004—); and Member, Association of the Bar of the City of New York; National Employment Lawyers Association (Member, Board of Directors, New York Affiliate, 2001-2008; Secretary, 2004; Vice President, 2005-2008).
Birth Information:
Newark, New Jersey, September 21, 1952
Reported Cases:
Curry v. Volt Information Sciences, Inc., 2008 U.S. Dist. LEXIS 20910 (S.D.N.Y. 2008); McKenna on behalf of the United States v. Senior Life Management, Inc. 29 F. Supp. 2d 695 (SDNY 2006); Wright v. SFX Entertainment, Inc. 2001 U.S. Dist. LEXIS 1000 (SDNY 2001); Zastrow v. Ikegami Electronics (U.S.A.) Inc., 1997 U.S. Dist. LEXIS 21002; 75 Fair Empl. Prac. Cas. (BNA) 929 (D.N.J. 1997); Sweeney v. Bane, 996 F.2d 1384 (2d Cir. 1993); Schachner v. Perales, 85 N.Y.2d 316 (1995); Yates v. Philip Morris, 690 F. Supp. 180 (S.D.N.Y. 1988); Chaplin v. Consolidated Edison Co., 579 F. Supp. 1470 (S.D.N.Y. 1984), 628 F. Supp. 143 (S.D.N.Y. 1986); Davis v. United Air Lines, 575 F.Supp. 677 (E.D.N.Y. 1983); Rodriquez v. Joseph, 544 N.Y.S.2d 592 (1st Dept. 1989).
ISLN:
910332567

Peer Reviews

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