Michael A. Shadiack

Partner, Roseland Office

85 Livingston Avenue

Roseland, New Jersey 07068

Phone:  (973) 535-0500

mshadiack@connellfoley.com

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Recent Presentations
Publications

Published Decsions

Professional Activities

Michael A. Shadiack is a partner in Connell Foley LLP’s Labor and Employment Law Practice Group.  He has devoted his entire career to representing employers and management personnel in the private and public sectors.  Mr. Shadiack is a multi-year recipient of the New Jersey Super Lawyers Rising Star recognition. 

 

Mr. Shadicak provides clients with the following expertise:

 

·   Preventative Counseling: Mr. Shadiack regularly provides employers with practical, comprehensive, and preventative counseling on personnel and benefit issues to ensure compliance with statutory and common law requirements.  He focuses on helping clients make employment-related decisions intended to avoid or reduce the risks of litigation.  Substantive legal issues under federal and state laws include:

 

    Employee hiring, disciplining, and discharging

    Managing employee medical leaves of absence

    Reasonable workplace accommodations

    Strategies to avoid and respond to workplace

    harassment

    Discrimination and retaliation

    Employee screening and hiring

    Performance evaluations

    Separation agreements and general releases

    Privacy issues

    Drug and alcohol testing

    Employee dishonesty and disloyalty

    Personnel file management and record  

    keeping requirements

    Reductions in force, mass layoffs, and plant   

    closings, including compliance with the WARN

    Act

 

·   Litigation Defense and Dispute Resolution: Mr. Shadiack has served as lead counsel and successfully represented our clients in all aspects of litigation in state and federal courts, before state and federal administrative agencies, and in arbitration involving claims of workplace harassment, discrimination, wrongful termination, whistle-blower retaliation, reasonable accommodation, breach of contract, civil rights, non-competition violations, minority shareholder oppression, assault and battery, intentional infliction of emotional distress, protected concerted activity, and wage and hour.  Mr. Shadiack has also effectively and efficiently resolved lawsuits and administrative charges, consistent with the employer’s strategic objectives.   

 

·  Employment Law Training: Mr. Shadiack provides practical and cost-effective training on all aspects of employment law, including workplace harassment prevention, managing leaves of absence, hiring and firing best practices and procedures, avoiding retaliation and

 

discrimination in the workplace, employee discipline, performance evaluation best practices, employment at-will, and formulating practical personnel policies and employee handbooks.  Mr. Shadiack tailors the training session to the employer’s industry and workforce.    

 

·  Employee Handbooks: Mr. Shadiack prepares comprehensive and practical employee handbooks, which are customized to each employer’s specific business practices and number of employees.  Mr. Shadiack periodically reviews and updates our clients’ employee handbooks to ensure their continued compliance with the ever-changing and complex federal and state employment laws.  Mr. Shadiack drafts/updates each employee handbook to accomplish four main objectives: (1) clear communication with employees; (2) administrative efficiency; (3) best employment practices to avoid or minimize workplace disputes; and (4) proactive measures addressing changes in laws, liability trends, and business climate.  He frequently severs as a featured presenter to human resources and management representatives as well as in-house counsel regarding the importance of employee handbooks and drafting techniques.  

 

·  Union-Management Relations: Mr. Shadiack represents employers during contract and grievance arbitrations and collective bargaining negotiations, defends unfair labor practice charges, prosecutes employee disciplinary appeal hearings, and advises employers on NLRA and NJPERC compliance to avoid administrative charges.

 

Client Base

Mr. Shadiack represents a diverse client base, which includes:

   Privately-owned and operated businesses

   International, national, and regional 

    corporations

   Non-profit organizations

   Institutions of higher education

   Municipalities

   Public agencies

   Multi-employer trade associations

   Commercial employment practice liability

    insurance firms

 

 

 

 

 

 

 

 

Practice Areas:

Labor and Employment Law

 

Admitted to Practice:

State of New Jersey

United States District Court for the District of New Jersey

United States Court of Appeals for the Third Circuit

 

Education:

Seton Hall University (B.A. Pre-Law and Liberal Studies, magna cum laude, 1995)

Seton Hall University School of Law (J.D., concentration in Labor and Employment Law, 1998)

 

Affiliations:

American Bar Association

New Jersey State Bar Association, Labor and Employment Law Section

Morris County Bar Association, Labor and Employment Law Section

USLAW Network - Employment Practice Group

 

News:

Michael Shadiack Provides Guidance To Employers On Limiting Risk From Lawsuits and Government Investigations (December 2011)

Michael Shadiack Provides Guidance on the Importance of Drafting and Updating an Employee Handbooks at NJBIA Seminar (September 2011)

Michael Shadiack Presents Hot Tips for Employers When Drafting and Updating Employee Handbooks on Behalf of the Morris County Chamber of Commerce (July 2011)

Michael Shadiack Presents to National Audience on Hot Tips for Employers When Preparing an Employee Handbook (June 2011)

Michael Shadiack featured in New Jersey Business Magazine on The Perils of Misclassification (February 2011)

Cromie, Falanga, Randall, and Shadiack Present at USLAW Fall Client Conference (October 2010)

Michael Shadiack Speaks on the Importance and Drafting of Employee Handbooks at the New Jersey Business & Industry Association Seminar (July 2010)

Michael Shadiack featured in New Jersey Business Magazine on Mandated Employee Benefits (July 2010)

Connell Foley Announces Election of Five New Partners (February 2010)

Shadiack Presents at Human Resources Best Practices Seminar (August 2009)

Cromie, Fleder, Smith and Shadiack Present at AGC’s Legal Issues Seminar (June 2009)

Michael A. Shadiack Presents  “HR 101 – A Primer for Managing Human Resources”  at the New Jersey Business & Industry Association Seminar (March 15, 2007)

CF Obtains Dismissal of Claims Against County Prosecutor's Office


Recent Presentations

Mr. Shadiack has presented as a speaker both nationally and regionally on numerous traditional and cutting edge labor and employment topics:

Featured Speaker: "Limiting Risk From Lawsuits and Government Investigations," New Jersey Business & Industry Association (December 2011)

Featured Speaker: "How to Prepare Employee Handbooks & Policies and Handle the Explosion of Social Media at Your Workplace," New Jersey Business & Industry Association (September 2011)

Keynote Speaker: "Hot Tips for Employers to Maximize the Benefits of Employee Handbooks and to Avoid Common Drafting Errors," Morris County Chamber of Commerce (July 2011)

National Speaker: "Employee Handbooks: Hot Tips for Employers," USLAW Network national webinar (June 2011) Presentation available on YouTube.

Featured Speaker: "Evaluating Your Peers - Best Practices and Pitfalls to Avoid," Saint Peter’s College (April and May 2011)

National Speaker: "Best Practices to Avoid a Pattern and Practice Discrimination Claim," USLAW Network Fall Conference, Colorado Springs, Colorado (October 2010)

Featured Speaker: "Developing Employee Handbooks & Policies - An Employer Survival Workshop," New Jersey Business & Industry (July 2010)

Keynote Speaker: "Human Resource Best Practices," Associated General Contractors of New Jersey (August 2009)

Featured Speaker: "2009 Labor Law Update," Associated General Contractors of New Jersey (June 2009)

Featured Speaker: "HR 101 - A Primer for Managing Human Resources," New Jersey Business & Industry Association (March 2007)

Trainer: Workplace Harassment Prevention training on behalf of numerous employers, including:

  Allamuchy Township

 

  Associated General Contractors of New Jersey

 

  Bechtel Corporation

 

  Essex Plaza Management Associates

 

  Ferreira Construction

 

  FoodBank of Monmouth and Ocean Counties

 

  Lopatcong Township

 

  New Jersey Property-Liability Guaranty Association

 

  Rock Spring County Club

 

  Saint Peter's College

 

  Skylands Center

 

   The Arc of Warren County

 

   Tri-County Orthopedics

 

   Warren County Board of Chosen Freeholders

 

   Wesketch Architecture

Publications

Author, Client Alert: Employee or Independent Contractor? Contractors Must Properly Classify Workers or Face Penalties and Civil Liability (September 2010)

Author, Client Alert: Wage and Hour Concerns for Healthcare Employers (September 2010) 

Co-author, "Pension Plan Withdrawal Liability: A Primer" published in New Jersey Constructor magazine (Summer 2010)

Co-author, "Employees Now Protected Against Retaliation For Merely Requesting FMLA Leave" published in New Jersey Constructor magazine, Issue 2 (2010)

Author, Client Alert: New Jersey Becomes Third State to Require Paid Family Leave (May 2008)

Co-author, published in New Jersey Lawyer Magazine. An article on the exclusive remedy provision under New Jersey’s Workers’ Compensation Act as it applies to employees injured on the job. It focused primarily on recent trends and established law concerning the applicability of the exclusivity provision and its exception. (December 2003)

Legal author, Quantum Frontline Supervisor published monthly by Quantum Health Solutions an employee assistance provider. Mr. Shadiack’s articles focus on topical employment law issues, including but not limited to disability and medical leaves of absence. 

"Torts - Act of God - Does a Golf Course Owner and/or Operator Owe a Duty of Care to Their Patrons to Protect Them from Lightning Strikes?” 8 Seton Hall J. Sport L. 301 (1998)

Features

New Jersey Business Magazine on The Perils of Misclassification (February 2011)

New Jersey Business Magazine on Mandated Employee Benefits (July 2010)

Published Decsions

Spagnola v. Town of Morristown et al., Civil No.: 05-577 (JLL), 2006 WL 3533726 (D.N.J. December 7, 2006) (dismissing federal civil rights and constitutional claims against a private attorney and his law firm)
Township of West Milford v. P.B.A. Local No. 162, P.E.R.C. No.: 2000-63, 26 NJPER 31042 (January 28, 2000) (granting Township’s scope of negotiations petition and restraining binding arbitration over grievance filed by the PBA challenging Township’s exercise of managerial prerogative)

Professional Activities

Mr. Shadiack is an active leader in his community, serving on various boards, committees, and volunteer organizations:

Barrister in the Sidney Reitman Employment Law American Inn of Court 

Elected member of the Morris County Committee 

Chairman of the Roxbury Township Economic Development Committee

Member of the Roxbury Township Planning Board

Volunteer member of the Make-A-Wish Foundation of New Jersey

Member of the Society for Human Resource Management (SHRM)

Member of Phi Alpha Delta Law Fraternity

Member of the Morris County Economic Development Corporation

Morris County Chamber of Commerce (Connell Foley LLP representative)

CLE Seminar Materials – Prepared written materials analyzing relevant state and federal executive and judicial authority as applies to Project Labor Agreements in the construction industry, and detailing employment law torts and non-discrimination causes of action.

Honors

Named New Jersey Super Lawyers Rising Star by New Jersey Monthly and Law & Politics, 2009 and 2011

Named “Who’s Who Among American Law Students,” 1998