David H. Ben-Asher

Attorney in Upper Montclair, NJ

David H. Ben-Asher is a partner of the firm. He devotes his practice to the representation of employees in a full range of employment cases and has worked exclusively in that area for decades. He served as Deputy Attorney General and Chief Counsel to the New Jersey Division on Civil Rights and later as a hearing examiner for that agency presiding over formal discrimination hearings and rendering recommended decisions. He also served as the County Counsel of Essex County and later as the Assistant Commissioner and Director of Litigation of the New Jersey Department of the Public Advocate. He was a member of the New Jersey Supreme Court Committee on Civil Practice. He has argued and/or tried cases in every court level in the jurisdiction from the United States Supreme Court down to lower state courts. Mr. Ben-Asher drafted the provisions of the New Jersey Law against Discrimination which prohibit discrimination based on sex or disability, and he handled many of the first important cases involving alleged violations of those provisions. He has been included in the "Super Lawyers" list*, published by Thomson Reuters from 2006 to present (employment and labor) and has been AV® Preeminent™ Peer Review Rated - the highest rating in legal ability and ethical standards - by Martindale-Hubbell ® for the last 30 years.

Mr. Ben-Asher is admitted to the Bars of the New Jersey Supreme Court and the United States District Court for New Jersey, the United States Court of Appeals, Third Circuit and the United States Supreme Court. You can listen to Mr. Ben-Asher argues a case in the U.S. Supreme Court here:

He is a member of the Executive Committee of the Labor and Employment Law Section of the New Jersey State Bar Association and of the National Employment Lawyers Association.

Mr. Ben-Asher also is a court-qualified mediator handling mediations in employment cases.

He frequently lectures and writes on employment law subjects. He has organized and has been a speaker at seminars for lawyers conducted by the New Jersey Institute for Continuing Legal Education and the New Jersey State Bar Association, including more recently on the following topics: Employment Contracts: Their Negotiation, Structuring and Litigation, 2013; Handling Employment Cases Involving Professionals, 2012; Damages and Attorney's Fees in Employment Cases, 2011; What Employment Lawyers Need to Know About Other Areas of the Law, 2010; Employment Law and the Highly Compensated Employee, 2009; Handling Employment Claims Under the Federal False Claims Act Qui Tam Provisions and Sarbanes-Oxley, 2008; Handling Employment Law Cases Involving Insurance Coverage, 2007; Handling Employment Tort Cases, 2004; Avoiding Legal Malpractice in Employment Law, 2003; Wage and Hour Litigation, 2002; and Mandatory Arbitration of Non-Union Employment Law Cases, 2001.

He earned his J.D. from the Georgetown University Law Center and received a B.A. from Rutgers College, Rutgers, and the State University of New Jersey.

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Areas of Law

  • Labor and Employment
  • Employment Discrimination
  • Employee Benefits
  • Wrongful Termination
  • Sexual Harassment


Peer Rating


Overall Peer Rating

5.0 out of 5.0
  • Meets very high criteria of general ethical standards
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Experience & Credentials



Admission Details

Admitted in 1967, New Jersey and U.S. District Court, District of New Jersey
1968, U.S. Court of Appeals, Third Circuit
1972, U.S. Supreme Court

Law School Attended

Georgetown University
Class of 1967

University Attended

Rutgers University
Class of 1964

Contact Information


973-744-4000 Call Now


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Office Information
David H. Ben-Asher
 52 Upper Montclair Plaza,
Upper Montclair, NJ 07043


Rabner Allcorn Baumgart & Ben-Asher, P.C. (Upper Montclair, New Jersey)

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