Overview

There are times when litigation is inevitable despite the best efforts of our attorneys and clients. In those situations, we can handle the full spectrum of employment-related litigation, representing clients before federal and state trial and appellate courts as well as federal, state and local administrative agencies.

We have successfully defended employers against a variety of claims — often obtaining summary judgments — including:

  • employment discrimination
  • harassment
  • disabilities and accommodation
  • affirmative action
  • equal protection
  • wrongful discharge
  • retaliatory discharge (including whistleblower retaliation)
  • violation of employment contracts
  • implied covenants of good faith and fair dealing
  • fraud
  • defamation
  • due process

We also represent employers as plaintiffs in business disputes, litigating claims in state and federal court involving trade secrets and confidential business information, breaches of fiduciary duty, unfair competition, and RICO claims.

ERISA and employee benefits litigation, including investigations and lawsuits by the Department of Labor, is another area of expertise. We also defend employers in connection with claims related to multi-employer pension plan withdrawal liability and trust fund collection cases.

Not every dispute needs to be settled in the courtroom. We are experienced in alternatives to traditional litigation, including negotiation, conciliation, mediation and arbitration. We always work with clients to determine the best procedures for resolving disputes.

  • Experience

    • After an employer let several employees go due to the downturn in the economy, the former employees joined forces, filing discrimination charges with multiple state and local agencies and serving as “witnesses” for each other. We were able to achieve multiple dismissals and, in some instances, client-favorable settlements to help both the company and its former employees move forward and reduce costs.
    • We obtained summary judgment on behalf of a nationwide telecommunications company on a severance pay claim brought by a former executive.
    • A former employee who was laid off due to her position being eliminated sued in the U.S. District Court for the Southern District of Texas, alleging race and gender discrimination, harassment, and retaliation in violation of Title VII and 42 U.C.S. 1981. We obtained summary judgment for our client on all claims, asserting that the majority of the plaintiff’s claims were barred by the applicable statutes of limitations, and that her remaining claims that were not time-barred failed substantively. Specifically, we argued that many of the plaintiff’s allegations did not show “adverse action” that was necessary to maintain a discrimination claim, and moreover, no similarly situated non-African American and/or male co-workers were treated more favorably than she was. As to the plaintiff’s retaliation claims, we argued that the decision makers at the company were unaware of the plaintiff’s repeated internal complaints until after the termination decision was made. The magistrate judge issued a lengthy memorandum and opinion adopting virtually all of our arguments, and recommending that summary judgment be granted in its entirety. The district court adopted the magistrate’s recommendation, entered final judgment in favor of our client, and ordered the plaintiff to pay costs. The court also granted our motion for costs in its entirety over challenges by the plaintiff.
    • A former teacher who was terminated for performance related issues sued our client and the school at which she worked for in the Circuit Court of Cook County, Illinois, alleging breach of contract, defamation, intentional infliction of emotional distress, common law retaliation, and other tort claims. We obtained dismissal with prejudice for our client on a motion to dismiss, before an answer was filed, because we were able to demonstrate that all contractual terms were satisfied and the plaintiff’s speculative conclusory allegations that the contract was breached were insufficient to state a breach of contract claim. In addition, we were able to demonstrate that the statute of limitations had expired on the defamation claim, that the plaintiff failed to show that she was terminated for any reason violating Illinois public policy, and that the allegations in support of plaintiff’s remaining tort claims were insufficient as a matter of law.
    • Our client was sued in the Circuit Court of Jackson County, Missouri, for whistleblowing and retaliation claims under the Missouri state human rights act. Our attorneys filed a motion for summary judgment asserting that our client was not the employer of the plaintiff and not the real party in interest. The plaintiff voluntarily dismissed our client from the case rather than pursuing discovery and contesting the motion.
    • Our attorneys represented a large construction company in a Title VII sexual harassment/hostile environment case where claims were dismissed on summary judgment and thereafter upheld on appeal.
    • We secured a jury verdict for defendant at trial while representing a large financial institution in a Title VII, Section 1981 case.
    • We successfully managed a complex sexual harassment claim for a restaurant chain through the conciliation process with the Equal Employment Opportunity Commission.