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General Employment Litigation

Federal, state and local employment laws impose legal obligations and their attendant risks on every employer, creating the need for a well-informed management team with access to specialized workplace law resources and effective e-discovery strategies.

Overview

The majority of our attorneys devote their practice to defending management in employment-related lawsuits, the fastest growing area of civil litigation. Our employment litigators have developed the expertise to assess risk and evaluate settlement early in litigation.

Our ability to dispose of cases efficiently before trial through aggressive motion practice, and during trial to present cases in a manner persuasive to judges and juries, has earned us a reputation as a leader in the field of employment litigation on behalf of management. We are well-equipped to assist you with:

  • Litigating individual and class action employment cases in state and federal courts, including cases involving discrimination, harassment and retaliation allegations, defamation claims, whistleblower claims, employee privacy issues, qui tam actions, wage and hour violations and more;
  • Handling administrative charges before state and federal agencies;
  • Protecting employers' confidential and proprietary information, trade secrets and business relationships from misuse or interference;
  • Maintaining actions on behalf of employers arising from fraud, theft and other related misconduct; and
  • Conducting independent investigations of allegations of inappropriate employee behavior running the gamut of workplace issues including discrimination, harassment and improper business practices (such as issues arising under the Sarbanes-Oxley Act).

e-Discovery

Jackson Lewis has the expertise and personnel necessary to guide clients through all types of electronic discovery projects, including the most complex. At all times, we are focused on developing bottom-line driven best practices that serve the special discovery needs and burdens of employment litigation. We believe that effective planning, e-discovery budgeting and management are key components of the discovery process, and we work with clients to estimate and project costs and to develop proactive case strategies. Our goal is to satisfy all document retention and production obligations without imposing an undue burden on our clients.

We are a leader in the outsourcing of traditional internal e-discovery litigation support services. Our firm has developed a unique relationship with a large global vendor that leverages our size and economies of scale. As a result, we are able to provide clients with extremely competitive pricing and access to the latest software, data processing, hosting, security, forensics, production and project management services. Our innovative outsourcing program focuses on technology, cybersecurity and the protection of client data.

Our firm also invests in an extensive, ongoing training program for attorneys and paralegals in all offices with additional in-depth training for e-discovery attorney liaisons who supervise complex services for their respective offices and report to the firm’s National e-Discovery Counsel. Our e-discovery team has vast experience with best practices in all service areas, including the use of advanced technologies such as predictive coding to improve the quality of large scale document reviews and contain costs within proportionate limits.

In addition to assistance during the course of litigation, we help employers develop formalized litigation hold policies and procedures. Our plans take into account each client’s litigation history, organizational structure, data retention policies, IT structures, and overall technological capabilities and firm culture.

For more information, please download the e-Discovery brochure.

The Team

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Apr 20

Melville, NY
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SHRM Long Island Breakfast Series: The Future is Now: How and Why “Big Data” Is Changing the Workplace – and HR – As We Know It

April 20, 2017 - 8:00 AM to 10:00 AM EST
1350 Old Walt Whitman Road - Melville, NY
Credits: HRCI - 1.5, SHRM - 1.5
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Apr 25

Atlanta, GA
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The First 100 Days: Workplace Law Under the Trump Administration

April 25, 2017 - 8:00 AM to 10:00 AM
4400 Ashford-Dunwoody Road - Atlanta, GA
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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Apr 27

Riverhead, NY
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SHRM Long Island Breakfast Series: What a Pain: How to Respond to Difficult Disability Management Issues

April 27, 2017 - 8:00 AM to 10:00 AM EST
1830 Route 25 - Riverhead, NY
Credits: HRCI - 1.5, SHRM - 1.5
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What Employers Need to Know About Washington’s New Minimum Wage and Paid Leave Law

November 30, 2016 - 9:00 AM to 10:00 AM PST
Credits: CLE - Pending*, HRCI - Pending, SHRM - Pending
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Archived

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California Legal Update Webinar Series

October 26, 2016 - 1:30 PM to 2:30 PM PST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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Archived

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California Legal Update Webinar Series

October 13, 2016 - 1:30 PM to 2:30 PM PST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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See AllPublications

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March 27, 2017

New Jersey Bill Will Make Whistleblower Settlement Agreements with Public Entities Public Records

March 27, 2017

Proposed legislation that would make whistleblower settlement agreements involving public entities available to the public has been approved unanimously by the New Jersey Assembly on March 23, 2017. The New Jersey Assembly Bill (A-4243) would bar public entities and public employees from entering into confidential settlements of... Read More

March 27, 2017

Port Authority Not Subject to Worker-Friendly New Jersey Whistleblower Law, State Court Rules

March 27, 2017

The Port Authority of New York and New Jersey is not subject to suit under New Jersey’s expansive whistleblower statute, the Conscientious Employee Protection Act, the New Jersey Appellate Division has held. Sullivan v. Port Auth. of N.Y. & N.J., 2017 N.J. Super. LEXIS 33 (App. Div. Mar. 15, 2017). Often called the most... Read More

March 27, 2017

Jackson Lewis Files Comments on EEOC’s Proposed Guidance on Unlawful Harassment

March 27, 2017

Jackson Lewis has submitted comments to the Equal Employment Opportunity Commission on the Proposed Enforcement Guidance on Unlawful Harassment. The Proposed Guidance sets out to define what constitutes harassment, examine when a basis for employer liability exists if harassment is proven, and offer suggestions for preventive practices... Read More

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March 27, 2017
SHRM

Paul Patten Comments on the EEOC's Proposed Guidance on Preventing Harassment

March 27, 2017

Paul Patten comments on concern about the Equal Employment Opportunity Commission’s advocacy for respectful workplace training in "EEOC Guidance Draws Fire For Stance On Orientation Bias," published by SHRM. Subscription may be required to view article Read More

March 27, 2017
SHRM

Mickey Silberman Comments on Conducting Fair-Pay Audits

March 27, 2017

Mickey Silberman comments on multi-state employers conducting a federal analysis to see if their pay practices are in line with the Equal Pay Act and Title VII of the Civil Rights Act of 1964 in "How to Conduct a Multi-state Fair-Pay Audit," published by SHRM. Subscription may be required to view article Read More

March 24, 2017
Law 360

Jackson Lewis Attorneys Comment on EEOC Workplace Harassment Guidance

March 24, 2017

Jackson Lewis attorneys comment on the EEOC’s proposed enforcement guidance on unlawful harassment in "EEOC Guidance Draws Fire For Stance On Orientation Bias​" published by Law360. Subscription may be required to view article Read More

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Federal Discrimination Claim Tossed Where Plaintiff Unable to Establish Prima Facie Case
March 24, 2017

A Louisiana federal district court granted a company’s motion for summary judgment regarding a former employee’s Title VII race discrimination, harassment, and retaliation claims.  Cassimere v. Fastorq LLC. Read More

By Kristie M. Iacopetta

4.5 Million Disability Discrimination Verdict Against Auto Dealer Who Failed to Investigate
March 23, 2017

 A federal jury in Florida has awarded $4.5 million against an auto dealer for claims of disability discrimination under the Florida Civil Rights Act (FCRA). Axel v. Fields Motorcars of Florida, Inc., No. 8:15-cv-893-17JSS (M.D. Fla. Feb. 22, 2017). Read More

Direct Evidence of Racist Remarks Dooms Employer Motion for Summary Judgment
March 22, 2017

A federal court in Tennessee denied an employer’s motion for summary judgment on an African-American employee’s race discrimination and hostile work environment claims under Title VII and state law.  The decision was based in large part on the sheer volume of several supervisors’ alleged use of offensive, intimidating remarks.  The record Read More