Mark Saloman serves as the Office Managing Partner for FordHarrison's Berkeley Heights office and as Co-Chair of FordHarrison's Non-Compete, Trade Secrets and Business Litigation practice group. Mark Saloman extensively litigates and counsels businesses and executives on the meaning, drafting, and enforceability of various types of post-employment restraints such as non-compete agreements, non-solicitation provisions, confidentiality agreements, and other restrictive covenants.
For more than 30 years, he has successfully litigated these types of cases in more than 20 states and tried them to conclusion in state and federal courts. Mark also negotiates all types of employment and separation agreements for companies as well as senior executives. Mark is a "Recognized Partner" for Labor & Employment with Chambers USA, named a New York Area Top Rated Lawyer by ALM Media, and recognized by New Jersey Super Lawyers. He has also been honored for his pro bono efforts in the community.
Mark's practice also concentrates on complex employment litigation at the state and federal levels, encompassing wrongful termination, employment discrimination arising under Title VII and similar state statutes, sexual harassment, hostile work environment, constructive discharge and retaliation claims, and whistleblower actions. He provides peace of mind for clients throughout the country on all aspects of employment law, including discharge, discipline and other personnel problems, internal investigations, and leave of absence issues. Mark frequently works with national and international clients in the pharmaceutical, education, technical staffing, and fashion industries.
Mark also advises national and international companies on the ever-changing state laws concerning employee use of medicinal and recreational marijuana. This counseling includes addressing employee reasonable accommodation requests for use of medicinal cannabis, employee claims of wrongful discipline or termination, pre- and post-employment drug testing, and other unique challenges affecting the entire life cycle of the employment relationship.
A frequent lecturer, Mark has presented for the New Jersey Institute of Continuing Legal Education, the New Jersey Defense Association, the Association of Corporate Counsel, the New Jersey Superior Court Civil Division Education Conference, and other organizations. A noted author, he has published more than five dozen articles on employment law and litigation, is a contributing author of Vol. 18, New Jersey Practice – Employment Law, 2d Ed. (Goldstein, et al., eds., West Group, 2005), and is quoted often in the media. Mark has appeared eight times before the Supreme Court of New Jersey on behalf of the Employers Association of New Jersey as amicus curiae, has successfully argued matters on appeal, has litigated matters to conclusion in state and federal court and before the U.S. Equal Opportunity Commission and state civil rights enforcement agencies, and has more than 80 reported and unreported decisions in employment and commercial law to his credit. He has been certified by the Office of Dispute Resolution as a mediator in accordance with New Jersey Court Rule 1:40-4 and conducts mediations on referral.
Published Decisions
- Skuse v. Pfizer, Inc., 244 N.J. 30 (2020)
- Puglia v. Elk Pipeline, Inc., 226 N.J. 258 (2016)
- Lippman v. Ethicon, Inc., 222 N.J. 362 (2015)
- Aguas v. State of New Jersey, 220 N.J. 494 (2015)
- Penza v. Metropolitan Life Ins. Co., 109 A.D.3d 461, 969 N.Y.S.2d 920 (A.D. 2d Dept. 2013)
- Winters v. No. Hudson Regional Fire & Rescue, 212 N.J. 67 (2012)
- Quinlan v. Curtiss-Wright Corp., 204 N.J. 239 (2010)
- O'Keefe v. Hess Corp., 16 Wage & Hour Cas.2d (BNA) 1798 (D.N.J. 2010)
- Schofield v. Metropolitan Life Insurance Company, 2006 WL 2660704 (M.D.Pa. Sept. 15, 2006), affirmed, 252 Fed. Appx. 500 (3rd Cir. Oct. 30, 2007)
- Gerety v. Atlantic City Hilton Casino Resort, 184 N.J. 391 (2005)
- Maw v. Advanced Clinical Communications, Inc., 179 N.J. 439 (2004)
- Heffron v. Adamar of New Jersey, Inc., 270 F.Supp.2d 562 (D.N.J. 2003)