Employment Litigation And Counseling

Our employment practice involves representation and advice on human resources and employment matters of all kinds. We principally represent management and businesses in the following areas: wrongful discharge, breach of employment agreement, discrimination, sexual harassment and retaliation, compensation, ERISA and COBRA, covenants not to compete and solicit, whistleblower, and wage and hour. In addition to appearing in court, we routinely represent clients before the Equal Employment Opportunity Commission, in state and local administrative agencies, and in arbitrations. Regardless of the forum, we aggressively pursue our clients' cases, asserting their positions and protecting their interests.

At the same time, we understand that workplace disputes may be damaging to employee relations, and therefore consider, when appropriate, dispute prevention and alternative resolutions. We are well-acquainted with the most current techniques, and frequently make use of formal and informal mediation.

We regularly conduct internal investigations of sexual harassment, discrimination, and other misconduct. In sensitive situations, we carefully investigate allegations, interview witnesses, and prepare reports. Our clients rely on us to handle their cases with skill and discretion.

Outside of the litigation context, we provide strategic planning, training, and preventative counseling. In addition, we prepare employee handbooks, draft agreements, conduct work-place and sensitivity training, and consult on the implementation of employment programs and policies, human resources systems, hiring and termination procedures, and personnel management. We routinely counsel business entities on their employment-related agreements, severance agreements, and non-competition and confidentiality provisions.

From time to time, we also represent senior executives in connection with their hiring and separation, and other matters concerning the terms and conditions of their employment.

Representative Matters

• We defended a hospital and its executives against a physician's race and national origin discrimination claims and obtained summary judgment. The Court concluded that there was no evidence of discrimination and that the physician had been legitimately discharged for stalking a co-worker.

• We obtained summary judgment for a high-end accessories manufacturer in a gender discrimination and retaliation action filed by a former employee who was terminated after engaging in physical fight with co-worker. The Court rejected the plaintiff's claim that slapping a co-worker was a protected activity, and accepted our client's no-assault policy which was shown to be consistently applied.

• We obtained dismissal of a sexual harassment case on behalf of a company and its president. In a novel decision, the Court adopted our arguments that a consensual or romantic relationship could not support such claim.

• We defended an international bank against claims by the president of its U.S. Division for bonus and other monies. A FINRA arbitration panel denied the employee's demand for millions of dollars on the basis that there was no agreement to pay and any bonus was entirely discretionary.

• We obtained summary judgment for a television personality against claims of race and pregnancy discrimination. The Court agreed with our position that any comments concerning race and gender were merely stray remarks and insufficient to take the case to trial.

• After extensive discovery and motion practice, including appeals, we obtained a jury verdict in favor of a media company in a disability action by a former employee. The jury found that the company had no duty to accommodate the employee by permitting him to work indefinitely from home based on our showing that attendance was an essential function of his job.

• We obtained a directed verdict at trial after a former employee presented her case of age discrimination against a leading apparel company. Even though the employee had been replaced by a younger worker, the Court held that there was no issue of discrimination for the jury because the decision was made in the context of a reorganization.

• The Court granted summary judgment to our client, a publishing firm, under the new "but for" standards of the age discrimination laws. We demonstrated that changes in the employee's compensation plan were applied across-the-board, and had nothing to do with age.

• We convinced a class of plaintiffs in a wage and hour action to abandon their claims after making a motion for judgment on the pleadings on the ground that our client was not a joint employer and had no responsibility for wage payments.