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Benjamin D. Weisenberg

Employment Attorney
benjamin@ottingerlaw.com
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Phone: (415) 325-2088

401 Park Ave S
New York, New York 10016

Overview

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.

Find out more about Benjamin in the video below:

Education

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
Externship

Representative Matters
  • 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
Client Reviews
★★★★★
Wonderful Experience working with the Ottinger Firm! I was upset and very emotional after losing my job. The attorneys at the firm were very patient, caring and knowledgeable. They fought for me and won! Candith J.
★★★★★
Everybody at this firm was helpful, thorough, and knew what they were doing! They efficiently managed to get results. Any questions I had were answered with depth. The process in which they work made things feel very at ease when it came to the case I hired them for. I would highly recommend this firm! Christian S.
★★★★★
I never hesitate to recommend Robert Ottinger to friends and family. He is thoughtful, responsive, realistic in managing expectations, an expert in employment law and really cares about helping people with their employment situations. I'm grateful for the help he has provided to me Amy Z.
★★★★★
Thank you to the Ottinger firm for taking our case, fighting for us and getting positive results. When a business does not pay you what you are owed and you want results, The Ottinger firm is your go to! Robin H.