Employment-Related Litigation


Increasingly, businesses are confronted with employment-related claims, including discrimination, retaliation and harassment, due to the combined effects of large awards by sympathetic juries, over-burdened government agencies and the steady passage of new employment laws. While there is little an employer can do to eliminate these underlying causes, there is a great deal it can do to minimize its legal liability.

Our Litigation Department consists of lawyers who have concentrated in representing government enforcement agencies and employers in prosecuting and/or defending virtually every kind of labor and employment litigation.  Our litigators understand business and business people.  We know that favorable results are not enough unless they are attained in an efficient and cost-effective manner.

Our litigators’ substantial experience allows us to quickly and efficiently identify issues and develop responsive strategies.  Rather than waiting for the eve of trial, we promptly evaluate, in consultation with our client, how a case can best be resolved, whether by settlement, pretrial motion or after a trial, and whether the process should proceed formally in court or informally through one of the many forms or alternative dispute resolution available.  We make this evaluation in a manner consistent with each client’s business goals and continue the evaluation at every stage of the litigation.

Each case is carefully evaluated so that it is staffed to ensure success and cost effectiveness. We actively partner with our clients in making staffing decisions.

We have handled matters in state and federal courts at the trial and appellate levels throughout the country.  We also appear before administrative agencies and represent employers in private arbitration and mediation.  The types of issues we have litigated include:

  • Assault
  • Battery
  • Breach of Contract
  • Breach of Loyalty and Fiduciary Duty
  • Civil Rights Claims
  • COBRA Claims
  • Collective Bargaining Agreement Issues
  • Commission Disputes
  • Compensation Issues
  • Confidentiality Agreements
  • Covenants Not to Compete/Non-Solicitation Agreements
  • Defamation and Employee Reference Issues
  • Department of Labor Audits – State and Federal
  • Employment Contracts – Oral, Written and Implied
  • Employment Discrimination – Local, State and Federal
  • ERISA Fiduciary, Contribution, Withdrawal Liability and Benefit Claims
  • Infliction of Emotional Distress
  • Injunctive Relief to Prevent Unlawful Picketing and Strikes
  • Intentional Interference with Contract and Prospective Advantage
  • Leave of Absence Issues – FMLA, Veterans Reemployment Act, etc.
  • Negligent Hiring, Supervision and Retention Claims
  • Occupational Safety and Health Act (OSHA)
  • Plant Closing Statutes
  • Prevailing Wage Claims
  • Privacy Claims
  • Promissory Estoppel and Other Quasi-Contract Theories
  • Retaliation Claims
  • Sexual Harassment
  • State and Federal Constitutional Claims
  • State and Federal Wage and Overtime Issues
  • Trade Secrets
  • Wrongful and Retaliatory Discharge Claims 

 

Website by Fishman Marketing on the FirmWise platform