Theresa A. Kelly

Partner

Parsippany, NJ

| (973) 966-8168

Overview

Theresa Kelly represents employers in a wide variety of litigation matters, including class actions under wage and hour laws, ERISA and discrimination laws, as well as wrongful discharge suits, whistleblower actions, contract actions and arbitration of employment claims. She defends employers in federal and state courts, as well as before the U.S. Equal Employment Opportunity Commission (EEOC) and various state administrative agencies.

Theresa's practice also includes advising employers on a broad spectrum of employment matters, including hiring, termination, reductions in force, workplace investigations, employee leave and accommodation issues, employee handbooks and policies, and the negotiation and preparation of employment and separation agreements. She also designs and conducts training on many employment law topics, including discrimination and harassment awareness, performance management, interviewing and hiring, wage and hour compliance, social media, FMLA, diversity and disability/religious accommodations in the workplace.

Theresa has represented employers in the automotive, banking, finance, logistics, retail, pharmaceutical and travel industries, among others. She has also represented various non-profit organizations in New Jersey and New York.

Theresa serves as Day Pitney's Partner in Charge of Diversity and Inclusion and works closely with the firm's Executive Committee and other stakeholders on the planning and implementation of the firm's DEI strategies and initiatives. Theresa is also the chair of Day Pitney's Pro Bono Committee and works across all offices of the firm to further Day Pitney's commitment

Experience

Defended employers in litigation in federal and state courts under various discrimination laws, the FMLA, wage and hour laws, ERISA, whistleblower claims, and numerous other common law, contract and public policy claims

Negotiated successful settlements of discrimination, harassment, retaliation and wage and hour claims brought under state and federal law

Counseled employers on planning and implementation of reductions in force, including selection of employees for layoff, legal compliance, employee communications and separation and release agreements

Defeated class certification of ERISA claims on behalf of global diagnostics company in federal court and represented employers in various ERISA litigation matters

Regularly counseled employers on discipline and employment investigation matters, and conducted employment law training for clients nationally on various employment law issues, and one-on-one counseling for executives

Represented employers before the EEOC and various state anti-discrimination agencies to obtain dismissal of charges of discrimination, as well as before Departments of Labor at the federal and state level defending wage audits, investigations and employee complaints

Education and Credentials

Education

Boston College Law School, J.D., 1988
University of Wisconsin, Madison, B.S., 1985

Admissions

U.S. District Court, District of New Jersey
U.S. Court of Appeals for the Third Circuit
State of New Jersey

Affiliations

American Bar Association
Morris County Bar Association
New Jersey State Bar Association, Labor and Employment Law Section

Recognition and Community

No aspect of this advertisement has been approved by the highest court of any state. Prior results do not guarantee a similar outcome. See Awards Methodology.

Recognitions

Chosen for inclusion in the Chambers USA Legal Directory (Chambers & Partners) of recognized practitioners for Labor and Employment attorney in New Jersey, 2009-2022

Chosen for inclusion in The Best Lawyers in America (Woodward/White, Inc.), Employment Law - Management, 2013-2025, Labor Law - Management, 2014-2025, Litigation - Labor and Employment, 2013-2025

Selected to the list of New Jersey Super Lawyers (Thomson Reuters), Employment and Labor, Employment Litigation, 2010, 2012-2019, 2021-2024

AV Preeminent rated by Martindale-Hubbell (LexisNexis)