Maria Martin represents clients nationwide regarding all types of employment-related disputes, including those related to age, race, gender, and national origin discrimination; wrongful termination; retaliation; constructive discharge; defamation; fraud; and breach of contract.
Maria also litigates the enforcement of non-solicitation and non-competition agreements and the protection of trade secrets. She litigates matters in both federal and state courts, as well as in arbitration. Maria also represents clients in mediations with the aim of resolving matters in a cost-effective manner that makes business sense.
In addition to litigation, Maria counsels employers on progressive discipline, workplace investigations, and terminations. She also drafts employment agreements and employee handbooks for employers around the country.
Prior to joining Rubin Fortunato in 2001, Maria worked for a law firm in New Jersey. Prior to that, Maria worked as a law clerk to the Honorable Murray G. Simon in the New Jersey Superior Court.
Awards and Honors
- Included on the 2007 and 2008 Pennsylvania Super Lawyers Rising Stars lists
- “Legal Update: New Decisions from the U.S. Supreme Court, Other Decisions And New Government Regulations Affecting Human Resources,” Lorman Educational Services (2006)
Obtained $3.3 million arbitration award, including attorney’s fees, in breach of contract action against former employee and defeated counterclaims for wrongful termination and incentive awards.
Merrill Lynch v. Dexter, FINRA-DR No. 12-01989, New York, NY (2014)
Successfully moved to dismiss former employee’s breach of contract and misrepresentation claims in federal court.
Rotsky v. Merrill Lynch, Case No. 1:11-cv-02111, N.D.Ohio (2012)
Obtained $440,000 in compensatory damages and successfully defended former employee’s claims of breach of contract and fraudulent inducement in arbitration.
Merrill Lynch v. Matheson, FINRA-DR No. 10-00008, Boca Raton, FL (2010)
Successfully defeated former employee’s wrong diversion of business opportunities and intentional interference with contractual relations claims on a pre-trial motion, which was upheld by the New York Supreme Court’s Appellate Division.
Nikitovich v. Merrill Lynch, et al., No. 114079/03, New York, NY (2007)
Successfully defended former employee’s breach of implied contract, misappropriation, unfair competition, unjust enrichment, and defamation claims in arbitration.
Murphy v. Merrill Lynch, FINRA-DR No. 05-02481, New York, NY (2007)
Successfully defended former employee’s slander claim and successfully prosecuted counterclaim for breach of post-employment restrictive covenants in arbitration.
Divietro v. Merrill Lynch, FINRA-DR No. 06-03674, Tampa, FL (2007)
Successfully defended former employee’s wrongful termination claim in arbitration.
O’Connor v. Merrill Lynch, FINRA-DR No. 03-00001, Cincinnati, OH (2004)
Obtained jury verdict for the defense in federal court on former employee’s age discrimination claim.
Mullett v. Merrill Lynch, No. 01-CV-2118, E.D.Pa. (2003)