Benjamin D. Weisenberg
Benjamin is an experienced litigator who focuses on employment law issues. His clients are professionals and executives negotiating Employment Contracts, Severance Agreements and Non-competition & Non-solicitation Agreements. He focuses on helping clients who have managed entire departments, have overseen high value projects or have had routine access to an employer’s future business plans, client lists, confidential information and trade secrets. He understands the intricacies of negotiating at the highest corporate levels and the intrinsic value of amicable resolutions.
When negotiation isn’t an option – or it isn’t the best option – Benjamin has a proven record of success fighting back against local, national and international employers in State and Federal Court, the American Arbitration Association and JAMS, Inc. He has the experience his clients are looking for when they need to fight back against companies attempting to lock his clients out of their industry, refusing to pay his clients an earned bonus or commission or are attempting to arbitrarily forfeit deferred compensation. He is a problem solver and a fierce advocate.
- J.D., Capital University Law School, 2011
- Cum Laude
- B.A., The Ohio State University, 2008
Jurisdictions Admitted to Practice
- New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Northern District of New York
- U.S. District Court for the Western District of Washington
Professional & Bar Association Memberships
- New York City Bar Association
- Committee Member
- National Employment Lawyers Association
- New York State Bar
- California State Bar
- Washington State Bar
- The District of Columbia Bar
- Capital University Law Review
- Staff Member
- United States Attorneys Office for the Southern District of Ohio
- Senior Female Attorney at an AmLaw 100 Firm was forced out for being “whiny.” Refusing to back down after an initial low-ball settlement offer, Benjamin and his Client held the Firm’s feet to the fire through a JAMS mediation. Strong advocacy and exhaustive preparation allowed Benjamin to demonstrate his absolute commitment to litigating the dispute all the way through. The JAMS mediator was convinced of his client’s commitment to her case, and he secured a severance package valued well above his client’s expectations.
- Managing Direct at the nation’s second largest bank was abruptly terminated without cause. Benjamin negotiated his Severance Agreement to protect millions in deferred compensation and eliminate burdensome post-employment obligations. Benjamin’s client was so well respected and sought after in the industry, Benjamin also negotiated his employment agreement securing the desired terms within weeks of finishing the severance negotiations.
- International wholesaler accepted a position with a competitor and wanted to take his book of business with him. Benjamin coached his client through the move step by step so that his client’s post-employment obligations would not stop him from starting his new role and selling to the same book of business.
- Luxury car salesman in downtown Manhattan was facing an Emergency Temporary Restraining Order and Preliminary Injunction hearing for refusing to follow his former employers to their new show room in Long Island. The former employer was using surprise and economic pressures to attempt to enforce an overly broad non-compete that would have prevented the salesman from selling luxury cars within a 50-mile radius of New York City. Benjamin had less than 24 hours to prepare for the hearing. The Judge denied both the Emergency Temporary Restraining Order and the Preliminary Injunction, quoting Benjamin’s argument verbatim in her Order and Decision.
- Manhattan architect had been a junior, non-equity partner at an internationally recognized architecture firm for almost 20 years. Benjamin’s client wanted to go out on his own, but he had signed a Non-competition & Non-solicitation agreement years ago when accepting equity in the partnership. Benjamin coached his client through the exit, negotiated an amendment to the Non-competition & Non-solicitation agreement that carved out sufficient space and certain clients for his client to get the new firm up and running.
- Global investment firm terminated a Vice President without cause resulting in the ‘forfeiture,’ of hundreds of thousands of unvested restricted stock options. When early settlement conversations failed, Benjamin held the investment firm accountable through simultaneous state court litigation and international arbitration. Benjamin was the lead attorney in the arbitration against the investment firm. The arbitration was before the Internal Court of Arbitration of the International Chamber of Commerce. The ICAICC is notorious for being a pro-business, pro-employer forum. Ultimately, the investment firm agreed to accelerate and pay out the cash equivalent of a significant portion of the forfeited restricted stock options in lieu of setting arbitration hearing dates.
- One of the internet’s most controversial news sources terminated an internet marketing sales professional because she was overperforming under her commission agreement. The media company refused to pay her the balance of her earned commissions. Benjamin negotiated a Severance Agreement that paid her 100% of her earned commissions and an additional separation payment for having put her through an unnecessary, punitive ordeal.
- Tech executive notified her employer that she was pregnant, that the pregnancy was high risk and that would eventually need to take a maternity leave. The Tech Company’s response was to put the executive on an unjustifiable Performance Improvement Plan within 30 days after receiving notice of the pregnancy. The executive was terminated at the end of the Performance Improvement Plan. Benjamin filed a JAMS, Inc. arbitration when the Company refused to admit the wrongfulness of their conduct. Benjamin and his team recovered all of the executive’s lost wages and an additional amount because of the pain and suffering she was forced to go through for absolutely no reason.
- Investment banker in New York City was terminated based on stereotypes associated with his French nationality. Benjamin filed an American Arbitration Association arbitration against the Bank for wrongful termination. The Bank settled the case on favorable terms after Benjamin obtained the right to review business operation documents that the Bank did not want to disclose.
Honors and Distinctions
- Super Lawyers 2018 New York Metro Rising Star
- American Society for Legal Advocates, Top 40 Under 40 New York State Labor & Employment Lawyers
- Super Lawyers 2017 New York Metro Rising Star
- Super Lawyers 2016 New York Metro Rising Star