Melissa A. Provost

Senior Attorney Florham Park
melissa.provost dbr.com
Phone: (973) 549-7196

About

Melissa A. Provost represents individual and corporate clients against claims of discrimination, hostile work environment, and violations of federal and state whistleblower and anti-discrimination laws, including Title VII, LAD, ADA, CEPA, and FMLA; breaches of restrictive covenants, employment and severance agreements; and improper disclosure of trade secrets.

In her day-to-day practice, Melissa develops and implements litigation strategy based on clients' needs and concerns, and assists in making decisions that take into account a client's legal, policy and budget-related perspectives. She performs independent investigations on behalf of private and public entities in response to complaints of employee misconduct, including structuring the investigation, conducting witness interviews, and assisting the client in formulating appropriate responses. She also counsels clients on matters of employee discipline and discharge, how to develop personnel policies, and drafts employment handbooks. Melissa both drafts and negotiates a variety of contracts, including settlement agreements, restrictive covenants, protective orders, indemnification agreements, and non-waiver agreements.

After law school, Melissa clerked for the Honorable Mahlon L. Fast of the Superior Court of New Jersey, Essex County.

Experience

  • Tried an insurance coverage case in New Jersey state court.
  • Obtained favorable arbitration award in defense of health care facility against claimant's allegations of disability discrimination.
  • Obtained dismissal of a gender and disability discrimination claim brought by a former employer against a government entity.
  • Performed an independent investigation on behalf of a major New Jersey university regarding an allegation that a former chief financial officer had been terminated in violation of CEPA.
  • Obtained summary judgment on behalf of bi-state agency in a lawsuit by an employee alleging gender and marital status discrimination.

Recognitions

“40 Under 40”, New Jersey Law Journal (2011)

Awards Methodology (www.drinkerbiddle.com/content/awards)

Credentials

Bar Admissions

  • New Jersey

Education

  • Seton Hall University School of Law, J.D., 1998, Seton Hall Constitutional Law Journal – Notes and Comments Editor
  • University of Maryland, B.A., 1995

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, District of New Jersey

Organizations

  • Hispanic Bar Association of New Jersey
  • The Justice Marie L. Garibaldi American Inn of Court for ADR
  • New Jersey State Bar Association
  • Somerset County Bar Association
  • Streetlaw Mock Trial Program for Newark High Schools, Coordinator