A former federal law clerk and Assistant Corporation Counsel for the City of New York, Asad is a seasoned labor and employment attorney who has defended and counseled a diverse selection of private, public and nonprofit clients across a spectrum of industries including health care, manufacturing, transportation, business process outsourcing, logistics, food and beverage, technology and education. Asad has successfully handled claims in the areas of discrimination, retaliation, whistleblower activity, wage and hour compliance, defamation and business torts, among other labor and employment practice specialties.
In addition to his litigation work, Asad helps businesses navigate compliance issues by reviewing and drafting employment policies and contracts, investigating claims and counseling clients on challenging employee discipline and performance issues. He also provides counsel to professionals and executives seeking guidance on employment contracts, non-compete and non-solicitation agreements, as well as severance and compensation issues. He also has experience in U.S.-bound business and individual immigration matters and assisting clients with I-9 audits and compliance. Asad frequently speaks and writes about developments in labor and employment law. His writings have appeared in the New Jersey Law Journal and Law360.com, in addition to other publications.
- Secured summary judgment dismissing claims of religious discrimination in a Title VII failure to promote claim brought against a leading regional hospital
- Completed an internal I-9 audit of a large regional hospital system with a workforce of several thousand employees
- In a case of first impression, dismissed a CEPA whistleblower lawsuit brought by a religious minister against a New Jersey church based on First Amendment principles grounded in the ministerial exception
- Negotiated a favorable employment agreement on behalf of a managing director following extensive negotiations with a New York City real estate private equity firm
- Obtained summary judgment dismissing claims of disability discrimination brought against a leading regional motor carrier by an overweight driver who failed to pass a federally mandated medical exam and posed a danger to public safety
- Dismissed a lawsuit against a community bank brought by an employee alleging claims of workplace injuries that were barred by the exclusive remedy provision of the New Jersey Workers’ Compensation Act
- Counseled a client on limitations posed by non-compete agreement to provide guidance on the development of a new business
- Obtained summary judgment on behalf of a school district dismissing a Title VII national origin discrimination claim brought by a substitute teacher terminated for misconduct
- Obtained summary judgment on behalf of an employer dismissing a Title VII retaliation claim brought by an employee subjected to a lateral reassignment during an agency-wide reorganization
- Affirmed psychological disqualification of a police officer candidate diagnosed with post-traumatic stress disorder
- Affirmed termination of a tenured special education teacher who was issued multiple unsatisfactory performance ratings
- Obtained determination dismissing sexual harassment and retaliation claims brought against a hospital following a hearing before the New York State Division of Human Rights
Asad has served as employment counsel for management in a number of successful cases in state and federal courts in New York and New Jersey, including:
- Cayemittes v. City of New York Dep't of Hous. Pres. & Dev., 974 F. Supp. 2d 240 (S.D.N.Y. 2013), aff'd, 641 F. App'x 60 (2d Cir. 2016)
- In re Curtis v Black, No. 102984/2011, 2012 WL 703274 (Sup. Ct. Feb. 27, 2012)
- El Bey v. Robert Wood Johnson Univ. Hosp., No. 15CV2537PGSLHG, 2018 WL 2926168 (D.N.J. June 11, 2018)
- Horowitz v New York City Civil Service Com'n, No. 110216/10, 2011 WL 1740198 (Sup. Ct. Apr. 26, 2011)
- Houston v. Coleman, 39 Misc. 3d 1235(A), 972 N.Y.S.2d 143 (Sup. Ct. 2013)
- Pinkard v. New York City Dep't of Educ., No. 11 CIV. 5540 FM, 2012 WL 1592520 (S.D.N.Y. May 2, 2012)
- Rodriguez v. N.Y.C. Dep't of Transp. Staten Island Ferry Div., No. 11-CV-3056 NGG VVP, 2012 WL 4364487 (E.D.N.Y. Aug. 22, 2012), report and recommendation adopted as modified sub nom. Rodriguez v. N.Y.C. Dep't of Transp., No. 11-CV-3056 NGG VVP, 2012 WL 4447101 (E.D.N.Y. Sept. 25, 2012), judgment adhered to on denial of reconsideration, No. 11-CV-3056 NGG VVP, 2012 WL 5504203 (E.D.N.Y. Nov. 13, 2012)
- Rosario v. New York City Dep't of Educ., No. 10 CIV. 6160 PAE, 2012 WL 3155029 (S.D.N.Y. Aug. 3, 2012), aff'd, 546 F. App'x 52 (2d Cir. 2013)
- Wai Mui v. New York City Bd./Dep't of Educ., 34 Misc. 3d 1215(A), 946 N.Y.S.2d 70 (Sup. Ct. 2011)
Before Fox Rothschild
Prior to joining Fox, Asad served as a Law Clerk to the Honorable A. Kathleen Tomlinson, U.S. Magistrate Judge in the U.S. District Court for the Eastern District of New York. He also worked as an Assistant Corporation Counsel for the New York City Law Department in the Labor and Employment Law Division.
During law school, Asad externed for the U.S. Department of Labor in the Office of the Solicitor, completed the Refugee and Immigrant Rights Clinic and interned for the Queens County District Attorney’s Office in the Bureau of Appeals. Asad also served as a Senior Staff Member for the Journal of Civil Rights and Economic Development.
Prior to law school, Asad was employed as an immigration paralegal in two large law firms in New York and New Jersey, where he assisted attorneys on employment-based immigration matters on behalf of multinational corporations.
Beyond Fox Rothschild
Asad maintains an active pro bono practice. The following are some examples of his service:
- Defended an incarcerated individual at a parole revocation hearing before the New Jersey State Parole Board and successfully demonstrated that the state had not proven a “serious or persistent” violation, thereby compelling his release from custody and continuing his parole
- Volunteered at the Free Citizenship Assistance Workshop at Chhaya Community Development Corporation, a nonprofit corporation in Jackson Heights, NY, dedicated to working with New Yorkers of South Asian origin to advocate for and build economically stable, sustainable and thriving communities
- Assisted a nonprofit community action agency in Newark, NJ, with a review of their employee handbook
- Represented a nonprofit organization navigate an internal investigation to address claims of gender and pay discrimination
- Represented an unaccompanied alien minor child from Honduras facing deportation with his Special Immigrant Juvenile Visa petition so he could remain in the custody of his mother in the United States
Asad has served in various leadership roles in a number of bar associations including the New Jersey Muslim Lawyers Association, the Muslim Bar Association of New York and the National Association of Muslim Lawyers.
He also contributes his time as a member of the Board of Trustees of Sadiq School, Inc., a private school in Somerset, NJ.
Honors & Awards
- Included in a list of New Jersey “Super Lawyers Rising Stars” in Labor & Employment (2017-2018)
- New York State Bar Association Labor and Employment Law Section Diversity Fellowship (2012-2013)
- St. John’s University School of Law Bronze Pro Bono Service Award (2010)
- Charles H. Revson Law Student Public Interest Fellowship (2008)
- Phi Beta Kappa
- Pi Sigma Alpha Political Science Honor Society