Employment Litigation

Overview

The litigation of employment law matters has been on the rise. New types of claims relating to pay equity, diversity, harassment, and discrimination were the expected result of widespread legislation that expanded the scope of employment laws and extended them to more protected classes.

Disputes stemming from company restructuring and layoffs, as employers try to reduce costs in a tight economic climate, will also likely increase.

Our experienced Employment Litigation group defends employers of all sizes and sectors against those claims and disputes and advises employers on how to prevent them. Our attorneys have successfully litigated cases involving virtually every aspect of the employment relationship, and represented clients before judges, juries, arbitrators, and administrative agencies throughout the United States. And as the volume of COVID-19-related litigation continues to grow, we’re handling all manner of claims concerning returning to work, workplace accommodations and safety, and employee benefits.

Focusing on What Matters

Our approach to litigation is entirely practical, based on the needs and resources of the employers we represent. Our clients count on us to separate what matters from what’s superfluous, and to defend their interests while working within their financial and operational constraints. We help them assess the real-world business consequences of litigation, and plan accordingly.

Interpreting New Legislation

In employment law, the legislative landscape is constantly shifting, and failure to comply with each new rule can attract the attention of the plaintiffs’ bar, too often leading to ruinous class actions. Especially for employers with nationwide footprints, the rules from state to state are imprecise and difficult to interpret. We help employers navigate the gray areas, and when litigation occurs, we defend them in all jurisdictions.

Willingness to Go to Trial

Our reputation in the courtroom precedes us. While employment lawsuits do not often go to trial, there is nonetheless a clear advantage to having a law firm prepared to do so. Plaintiffs’ groups nationwide know us well, and they afford us the sort of deference that encourages settlements and prevents trials.

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Focus Areas

Experience

Defended a major retailer in a case involving allegations of racial discrimination, hostile work environment, and retaliatory discharge, in which the plaintiff asked for the statute of limitations to be “equitably tolled,” i.e., extended because of a delay beyond his control. Our Employment Litigation attorneys obtained dismissal on the grounds that the plaintiff did not take prompt action after the delay ended.
Convinced a federal judge to deny the plaintiff’s motion for class certification on claims that a staffing company did not timely pay final wages to more than 1,000 terminated employees in California.
Ended a disability discrimination suit against a major retail client brought by a former employee who claimed that after undergoing back surgery, our client ignored needed work restrictions against heavy lifting or carrying and assigned him tasks that included lifting heavy objects. Our lawyers successfully filed to dismiss for failure to state a plausible claim for relief.
Successfully arbitrated an employment action seeking $5 million in liquidated damages and an additional $25 million in actual damages against an individual who was sued by the prospective employer for not joining that firm, in a claimed breach of contract. We argued the employer’s liquidated damages clause was an unlawful restrictive covenant that proved the employer had no provable actual damages. In a complete victory for our client, no damages were awarded.
Represented a communications client in a nationwide collective action in which installation technicians alleged off-the-clock work. Though plaintiffs initially sought a multimillion-dollar settlement, our lawyers convinced the federal court to decertify, which compelled the two remaining plaintiffs to settle for a small fraction of their initial demands.
Defeated a lawsuit brought against a national pharmaceutical company alleging retaliatory discharge for protected whistleblowing. Our attorneys persuasively demonstrated that the employee was discharged for reasons unrelated to the complaint and the employee voluntarily dismissed the lawsuit with prejudice.
Defeated reverse discrimination claims against a financial services firm. The day after our attorneys took the plaintiff’s deposition, the plaintiff voluntarily dismissed his case and received nothing.
Defeated discrimination and retaliation claims filed by a former server in the New York State Division of Human Rights against a restaurant operator client. Our client wished to go to trial to be completely vindicated. After a four-day hearing and a lengthy post-trial briefing, the administrative law judge ruled completely in our client’s favor.
Defended an industry-leading real estate owner and management firm against sexual harassment and emotional distress claims. We helped our client avoid a jury trial by enforcing an arbitration agreement and then won dismissal in arbitration through cross-examination showing that the plaintiff was not credible and had altered key diary entries logging alleged incidents of harassment and reports to the employer.
Obtained a temporary restraining order in state court and leveraged firm contacts to pursue criminal sanctions through the U.S. Attorney's Office against a former independent contractor of a global telecommunications company. The contractor, who was separated from the company, engaged in a campaign of sending harassing, threatening, and disparaging emails and text messages to the company. Once we initiated litigation, the contractor ceased his harassing conduct, personal safety was restored, and business relationships remained unharmed.

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