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David H Ben-Asher

David H Ben-Asher

Practice areas:

Employment & Labor, Discrimination, Wrongful Termination, Sexual Harassment

About Me

During the majority of my legal career I have worked in the area of employment law, handling a number of landmark court cases, and having argued cases in every state and federal court in my jurisdiction up to the United States Supreme Court.

I also served as a New Jersey Deputy Attorney General and as the Chief Counsel to the New Jersey Division on Civil Rights--the state anti-discriminination agency.  Subsequently, I was a Hearing Examiner conducting administrative trials and deciding discrimination case for the Division on Civil Rights.  I also served as the County Counsel of Essex County, NJ and as the Assistant Commissioner and the Director of Litigation of the New Jersey Department of the Public Advocate.

I am a member of the Executive Committee of the New Jersey State Bar Association Labor and Employment Law Section.  I have served as a member of the New Jersey Supreme Court Committee on Civil Practice.  I have been listed as a "Super Lawyer" in that New Jersey publication since 2006 and have been rated "AV" by Martindale-Hubbell Law Directory for 35 years.


Practice Areas

Licensed since 1967

  1. Employment & Labor: 33%
    35 years
  2. Wrongful Termination: 25%
    35 years
  3. Discrimination: 25%
    35 years
  4. Sexual Harassment: 17%
    35 years


Payment Types:

Cash, Check, Credit Card

Attorney Endorsements

2 total 

  • Jonathan Ian Nirenberg

    David Ben-Asher is an excellent and experienced New Jersey employment lawyer. I highly recommend him.


    Jonathan Nirenberg Employment & Labor Attorney
    Relationship: Co-worker

  • Teresa Boyle-Vellucci

    I endorse this lawyer. David is an excellent employment lawyer and advocate for employees. He brings to the table for all his clients great insight given his many years of practice in the employment arena.


    Teresa Boyle-Vellucci Employment & Labor Attorney
    Relationship: Worked for lawyer

Contact Info

52 Upper Montclair Plaza
Upr Montclair, NJ, 07043




Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.

Avvo Contributions

Legal Answers


Award NameGrantorDate Granted
Super LawyerSuper Lawyers2014
AV Preeminent Peer Review RatedMartindale-Hubbell2014

Work Experience

TitleCompany NameDuration
PartnerRabner Allcorn Baumgart & Ben-Asher, P.C.1992 - Present

Legal Cases

Case NameOutcome
Zahorian v. Russell Fitt Real Estate AgencyPlaintiff won.
Shapiro v. Essex County Board of Chosen FreeholdersPlaintiff won
Shapiro v. BaldridgeU. S. Government won

See all Legal Cases 


Publication NameTitleDate
New Jersey Labor and Employment Law QuarterlyPlaintiffs' Use Of Expert Witnesses In Sexual Harassment CasesN/A
New Jersey Law JournalCourt Finds Middle Ground on After-Acquired EvidenceN/A
New Jersey Law JournalFederal Leave Act Broadens N.J. CoverageN/A


School NameMajorDegreeGraduated
Georgetown University Law CenterN/AJuris Doctor1967

Speaking Engagements

Conference NameTitleDate
Institute for Continuing Legal EducationEmployment Contracts: Their Negotiation, Structuring And Litigation2013
Institute For Continuing Legal EducationHandling Employment Cases Involving Professionals2012
New Jersey Institute for Continuing Legal EducationDamages And Attorney's Fees In Employment Cases2011
New Jersey Institute For Continuing Legal EducationWhat Employment Lawyers Need To Know About Other Areas Of The Law2010
New Jersey Institute For Continuing Legal EducationEmployment Law And The Highly Compensated Employee2009
New Jersey Institute For Continuing Legal EducationHandling Employment Law Cases Involving Insurance Coverage2008
New Jersey Institute For Continuing Legal EducationHandling Employment Claims Under The Federal False Claims Act Qui Tam Provisions And Sarbanes-Oxley2007
New Jersey Institute For Continuing Legal EducationHandling Employment Tort Cases2004
New Jersey Institute For Continuing Legal EducationAvoiding Legal Malplractice in Employment Law2003
New Jersey Institute for Continuing Legal EducationWage And Hour Law2002
New Jersey Institute for Continuing Legal EducationMandatory Arbitration Of Non-Union Employment Law Cases2001