Biography
Ms. Burns provides clients with legal services in all aspects of employment law as well as commercial litigation. She has extensive litigation experience in all types of employment claims and has won multiple trial verdicts and numerous summary dismissals on behalf of her clients. Ms. Burns has successfully defended employers in cases involving allegations of violations of the New Jersey Law Against Discrimination, Title VII of the Civil Rights Act, Americans with Disabilities Act, New Jersey Disability Act, Family Medical Leave Act, the Conscientious Employee Protection Act, due process and freedom of association rights. In addition, she has extensive experience in the implementation of temporary and preliminary injunctive relief enforcing restrictive covenants and confidentiality provisions in employment agreements. She has also conducted investigations on behalf of employers into employee claims of discrimination, retaliation and other workplace violations.
She further assists employers with policy formulation, contract drafting and negotiation; and conducts educational seminars. Ms. Burns has also defended clients in multiple jurisdictions in class action lawsuits involving allegations of misclassification of employees and independent contractors. She has successfully opposed motions for class certification in actions alleging the misclassification of employees and has filed multiple successful motions to dismiss lawsuits and compel individual arbitration in potential class action lawsuits alleging wage and hour claims and misclassification. Further, she assists clients in resolving matters through mediation. Additionally, she has represented clients in numerous contract, partnership and shareholder disputes.
Ms. Burns represents clients in state and federal courts in New Jersey and New York, before administrative agencies including the United States Equal Opportunity Commission, in arbitration as well as in mediation and other forms of dispute resolution.
Experience
Representative Matters
- Successful motion to dismiss a potential class action lawsuit and compel individual arbitration of named Plaintiffs’ claims followed by arbitration verdicts on behalf of the employer affirming the independent contractor classification of the name plaintiffs resulting in no liability to the employer and successful defense of the arbitration awards in subsequent challenge in federal court.
- Achieved summary judgment on behalf of employer after employee filed suit claiming he was subjected to discrimination and retaliation based on a perceived and/or actual disability and had been illegally denied an accommodation and refused a promotion.
- Summary dismissal granted disposing of former employee’s political retaliation claims against State Assemblyman.
- Dismissal of employees’ political retaliation claims against Board of Education, Board Members, and Mayor.
- Summary judgment on behalf of employer after employee filed suit alleging multiple violations of the Conscientious Employee Protection Act.
- Summary judgment on behalf of employer, which was subsequently affirmed on appeal, after employee filed suit alleging five different forms of discrimination: violation of the Conscientious Employee Protection Act; termination in violation of public policy; hostile work environment; suppression of civil rights; violation of her procedural and substantive due process rights; violation of free speech; and denial of equal protection.
- Negotiated a nominal settlement in a sexual harassment and retaliation case where there was recorded evidence of sexual harassment; a documented complaint by the Plaintiff to the employer, after which she was terminated; and a failure by the employer to investigate the complaint or take any remedial measures.
- Successful defense of broker in multiple claims of fraud by investment firms involving claims of millions of dollars.
Background
Bar and Court Admissions
Admissions
- U.S. District Court for the District of New Jersey
- New Jersey and New York State Courts
Licenses
- New Jersey
- New York
Education
- Rutgers Law School, J.D. (1991)
- University of Hartford, B.A. (1987)