Theresa Donahue Egler

Profile

Theresa Donahue Egler has more than 20 years’ experience representing management in employment and ERISA litigation, including claims of discrimination, harassment, wrongful discharge, retaliation, breach of contract, violation of family and medical leave laws, breach of fiduciary duty, wage and hour violations, invasion of privacy, restrictive covenant violations, defamation and other employment-related torts.  She has represented employers in class and collective actions, as well as multi and single plaintiff cases, before federal and state trial and appellate courts, the EEOC, state fair employment agencies and the Department of Labor.

Ms. Egler also has extensive experience in providing preventative and corrective counseling on all human resource management issues, including workforce reductions and reorganizations, plant closings, workplace investigations, threat assessments, crisis management, employment polices and employee discipline and discharge matters.  She has developed and conducted training on a broad range of employment issues, designed to minimize risk and avoid costly and divisive disputes.

Prior to joining the Firm, Ms. Egler served as Vice President and Deputy General Counsel at BASF Corporation where she was responsible for providing legal services to the corporate services departments, supervising employment and ERISA litigation and managing the Compliance & Ethics Program.  She currently serves as BASF’s national employment and benefits counsel.

Ms. Egler is an active volunteer, having served on the Board of the Make A Wish Foundation of New Jersey and having provided pro bono legal services to non-profit corporations through the Pro Bono Partnership.  She also serves on the Executive Committee of the Colgate University Alumni Corporation Board of Directors.

Experience

Experience: 
  • Won jury verdict for a large technology company in an age discrimination case
  • Won jury verdict for a large technology company in a breach of contract case brought by a former executive of the company, following an earlier trial which resulted in a hung jury
  • Obtained directed verdict at the close of plaintiffs’ case for an industrial gases company in a six plaintiff age discrimination case
  • Won federal bench trial in an FMLA case for a large chemical company
  • Won federal bench trial in an ERISA case with respect to 3 of 4 plaintiffs; obtained favorable settlement with remaining plaintiff
  • Won substantial federal court arbitration in an ERISA case for a large aerospace company
  • Defeated collective action motion in an FLSA case alleging misclassification of employees under the administrative exemption for a large energy company
  • Defeated FLSA collective action and state class action motion in a case alleging misclassification of field service technicians under the administrative exemption for a large technology company
  • Won dismissal of numerous cases involving discrimination, harassment, wrongful discharge & related tort claims on summary judgment for a variety of companies
  • Substantial appellate advocacy experience on behalf of employers
  • Developed and managed a corporate compliance and ethics program for a large chemical company
  • Designed and implemented workforce reductions and provided counsel for compliance with federal and state plant closing laws for numerous companies
  • Provided legal counsel to the crisis management team of a large chemical company
  • Substantial experience in handling threat assessments to diffuse and avoid workplace violence
  • Conducted sexual harassment training nationwide for employees of a large shipping company
  • Conducted training programs on a variety of employment law issues for numerous companies
  • Substantial experience in conducting workplace investigations on behalf of employers
  • Successfully defended numerous EEOC charges and State Fair Employment Agency complaints
  • Substantial experience in counseling employers on disciplinary actions, including terminations
  • Developed and implemented Small Employer Advisory Program to ensure compliance with employment laws and avoid/reduce risk
  • Substantial experience as a member of a corporate Diversity Team; founded women leadership programs at a large law firm and a large chemical company
  • Participated on a global Corporate Social Responsibility team for a multi-national chemical company

Education and Honors

Education: 

J.D., cum laude, Fordham University School of Law, 1983
B.A., Colgate University, 1977
Stirling University, Scotland and Queens College, Oxford University, England

Honors and Awards: 
  • Maroon Citation for exemplary volunteer service to Colgate University (2007)

Professional Activities

Professional Activities: 
  • New Jersey Bar Association (2011 - )
  • Association of Corporate Counsel (2003-2010)
  • New Jersey Corporate Counsel Association (2003-2010)
  • Compliance & Ethics Leadership Counsel (2005-2010)
  • Pro Bono Partnership (2007 - present)
  • Editor - New Jersey Employment Law Letter (1992-2002)
  • Sydney Reitman Employment Law American Inn of Court (1995-97)
Speeches:
  • Ogletree Deakins Workplace Strategies Seminar - "Disasters Happen – Is your Workplace Prepared?" - Chicago - May 12, 2011
  • Ogletree Deakins Breakfast Briefing - "An Effective Communications Policy is a Must for Employers" - Morristown - March 24, 2011
  • Human Resources Law Update - "What can be expected from Congress, the agencies and the Supreme Court in 2011" - Greenville - March 8, 2011
  • SAI Global - "Corporate Compliance & Ethics Programs" - Princeton - July 21, 2010
  • Farleigh Dickinson University - "Corporate Compliance & Ethics Programs" - Florham Park - March 29, 2010

In The News

Media Quotes:
Published Works:
  • Spring 1999 - Labor & Employment Law Quarterly - "Settlement of Employment Cases: To Withhold or Not to Withhold"
  • March 1997 - HR Magazine - "Your Hiring Practices Could Be Put To The Test"
  • May 1996 - HR Magazine - "A Manager’s Guide to Employment Contracts"
  • April 1996 - Nation’s Business - "Be Careful in Interviews with Job Candidates"
  • July 1995 - HR Magazine - "The Benefits and Burdens of Arbitration"
  • January 1995 - HR Magazine - "Five Myths about Sexual Harassment"
  • November 1994 - HR Magazine - "White Lies Limit Employee Recovery in Discrimination Lawsuits"
  • May 1994 - HR News (SHRM) - "Bestseller Explores Sexual Harassment Issues"
  • April/June 1994 - World Reports (Lex Mundi) - "Heavy Burden Placed on Employers Facing Whistleblower Claims"
  • February 1993 - Dividends (Morris County Chamber of Commerce) - "Employer Determines if Leave is Covered by Family Leave Act"
  • August 1992 - Risk Management - "Retaliating Against the Whistleblower"