Kristin D. Sostowski

Kristin is known for her tenacious advocacy, strategic approach, and attention to detail in representing employers. Included on the Chambers USA, Best Lawyers®, and New Jersey Super Lawyers lists for various employment law categories, she balances her practice between employment litigation and counseling. Chambers USA notes that “her knowledge is vast and she has an appreciation of the big picture as well as the details.”

Kristin advises employers regarding compliance with federal and state workplace laws, prevention or early resolution of employment disputes before they lead to litigation, and defense of workplace-related disputes. She represents companies and managers in employment litigation in state and federal courts and agencies, with an emphasis on whistleblower, discrimination, harassment, retaliation, and wage and hour matters. Kristin also provides employment law advice to in-house counsel, human resources professionals, and executives in a variety of industries, including higher education, technology, pharmaceuticals, financial services, healthcare, and public and nonprofit entities.

Representative Matters

Discrimination/Harassment Matters

• • Represented a major financial services company in a disability discrimination case brought by an independent contractor broker alleging employee status. Summary judgment granted.
  • Defended a major construction contractor in a race discrimination and harassment case.
  • Represents a leading healthcare network in an age discrimination and sexual harassment case.
  • Represented a major technology company and its CEO in a discrimination and defamation arbitration filed by a former executive.
  • Defended a leading electronics company in multiple single-plaintiff cases alleging whistleblower, discrimination, harassment, and retaliation claims.
  • Defended a construction products company in a disability discrimination and retaliation suit brought by a former sales representative.
  • Represented a major contractor and one of its managers in an age discrimination and hostile work environment case filed by a former employee whose position was eliminated as part of a reduction in force.
  • Defended a private university in a multi-plaintiff pay discrimination case brought by female tenured faculty members alleging age and gender discrimination.
  • Represented a financial services company in a disability discrimination and failure to accommodate suit filed by a former broker.
  • Defended a leading business products company in multiple single-plaintiff cases alleging a variety of discrimination and harassment claims. These matters included an Age Discrimination in Employment Act (ADEA) lawsuit filed by a former sales manager whose employment was terminated as part of a reorganization and reduction in force, and a disability and age discrimination case filed by a former service technician.
  • Defended the state of New Jersey and senior officials in a multi-plaintiff discrimination and whistleblower lawsuit arising out of a reduction in force of government attorneys. Summary judgment was awarded on all counts, and the rulings were affirmed on appeal by the New Jersey Appellate Division.
  • Represented a leading technology company in a sexual harassment and retaliation case filed by a sales employee.

Whistleblower Matters

• • Represented a leading business solutions company in multiple whistleblower litigations alleging violations of the Conscientious Employee Protection Act (CEPA) and Pierce v. Ortho Pharmaceuticals (common law wrongful discharge in violation of public policy).
  • Defended the state of New Jersey and senior officials in a whistleblower litigation filed by a former assistant prosecutor who alleged violations of Pierce v. Ortho Pharmaceuticals and the New Jersey Civil Rights Act.
  • Defended a global biotechnology company in whistleblower matters filed by former sales representatives alleging that they were terminated in retaliation for blowing the whistle on unlawful marketing practices.
  • Represented a regional tertiary care and teaching hospital and senior executives in CEPA litigation filed by a former department chair alleging that he was terminated and his hospital privileges were revoked based on his complaints regarding patient care and patient rights issues.

Other Employment Matters

• • Represents a leading business products company in a class action alleging failure to provide ERISA severance benefits and other claims.
  • Represented a major financial services company in a lawsuit alleging failure to provide ERISA severance benefits, retaliation under ERISA, and violation of the New York City Human Rights Law.
  • Represented a major technology company in a wage and hour investigation by the U.S. Department of Labor involving worker classification issues.
  • Conducted internal investigations for multiple clients in connection with harassment, discrimination, and whistleblower complaints, and allegations of workplace misconduct on the part of current and former employees.
  • Represented a leading business products company in connection with multiple restrictive covenant matters involving sales and technical employees.
  • Defended a major retail company in connection with a New Jersey Department of Labor matter stemming from alleged improper classification of delivery persons as independent contractors
  • Represented a technology firm in connection with Office of Federal Contract Compliance Programs (OFCCP) compliance evaluation, which was closed with no findings of violation.