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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

When it comes to litigation, our primary objectives mirror those of our clients: to quickly and efficiently achieve the best possible result. Our clients and their executives rely on Jackson Lewis attorneys to deliver business insight, legal acumen, and trial skills to navigate employment litigation and develop response strategies. By partnering with Jackson Lewis, our clients are able to remain focused on their day-to-day business goals while our lawyers do the heavy lifting. 

Personal and Ongoing Dialogue with Our Clients
We understand that effective communication leads to informed collaboration and efficiency, and have made a conscious deliberate choice to be where our clients operate, work, and live to ensure personal and in-person  communication even in the current digital age. Jackson Lewis has litigators in each of our 58 offices throughout the United States, and we are committed to providing opportunities for both formal and informal client feedback and conducting annual planning meetings with each of our clients.

National Workplace Law Knowledge
Jackson Lewis has made a substantial investment to capture and re-use our unique national workplace law knowledge for the benefit of our clients, enhancing the quality of our practice and minimizing the costs of our services. We leverage our breadth of national and regional workplace law knowledge through three approaches: customized automated knowledge management solutions, a dedicated team of professionals maintaining our internal Workplace Law InfoCenter, and designated attorneys who focus their practice on specific areas of employment and electronic discovery law.

Experience

The majority of our attorneys devote their practice solely to defending management in employment-related lawsuits. 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, whistle blower claims, employee privacy issues, medical leave issues, disability accommodations, qui tam actions, and wage and hour violations
  • Handling administrative charges before state and federal agencies
  • Handling private arbitration hearings and proceedings, and ensuring that arbitration provisions are enforced and respected
  • Protecting employers' confidential and proprietary information, trade secrets and business relationships from misuse, interference, and violations of non-compete agreements
  • Maintaining actions on behalf of employers arising from fraud, theft and other related misconduct
  • Conducting independent investigations of allegations of inappropriate employee behavior running the gamut of workplace issues including discrimination, harassment, retaliation, and improper business practices (such as issues arising under the Sarbanes-Oxley Act)
  • Handling trials and appeals in state and federal courts, where previous counsel failed to achieve satisfactory results
  • Training management, human resources professionals, and staff on all aspects of workplace law
  • Advising management on all aspects of workplace law, including compliance with local, state, and federal statutes, adverse employment actions, terminations, coaching, separation agreements, employee handbooks and related issues

Trials

From high-stakes class actions and multi-jurisdictional cases, to single-plaintiff wrongful discharge and discrimination claims, our deep bench of seasoned trial lawyers have obtained favorable verdicts in hundreds of cases throughout the United States. Our trial lawyers are well-equipped to present any case in a manner persuasive to judges and juries. By way of example, some of our recent trial wins include:

  • Fortune 500 technology company accused of disability discrimination and fraud
  • Fortune 500 hotel chain accused of violating employment agreement and the FMLA
  • Fortune 500 pharmaceutical company accused of gender and pregnancy discrimination
  • Property management company accused of gender discrimination and retaliation
  • Technology company accused of wrongful-termination, breach of oral contract, and fraud
  • College accused of violating Title IX and for breach of contract
  • Hospital accused of disability discrimination in violation of federal law
  • Public university accused of improper denial-of-tenure by university professor
  • Major hospital and medical center accused of race discrimination
  • Major industrial gas company accused of wage-and-hour violations
  • Mid-size brewery accused of misclassifying employees, in violation of the FLSA
  • Major U.S. bank and financial services company accused of race and age discrimination
  • Large payroll company seeking to enforce an arbitration agreement
  • Construction company accused of disability discrimination and whistleblower retaliation
  • Supermarket chain accused of national origin discrimination and retaliation
  • Casino accused of improperly compensating employees
  • Auto dealership accused of wrongful termination and defamation

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 and 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 e-discovery team maintains attorney liaisons in every office and 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.
  • For more information about our e-Discovery team and the many ways in which the team is operating at the forefront of the e-discovery field, please download the e-Discovery brochure.

The Team

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Dec 14

Atlanta, GA
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2018 Atlanta Symposium: Surveying the Workplace Law Landscape

December 14, 2018 - 8:00 AM to 1:30 PM EST
88 West Paces Ferry Rd NW - Atlanta, GA
Credits: CLE - 3.5 pending, HRCI - 3.5, SHRM - 3.5
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Executive Series: Bolstering Your Preventive Practices to Meet the New Wave of Harassment Claims

December 14, 2017 - 2:00 PM to 3:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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Archived

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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: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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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: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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October 8, 2018

Supreme Court Hears Case on Enforceability of Arbitration Agreements for Transportation Workers

October 8, 2018

On October 3, 2018, the U.S. Supreme Court heard oral argument in New Prime Inc. v. Oliveira, No. 17-340. While the case turns on what may appear to be a simple question of statutory interpretation, the outcome could have profound consequences for employers throughout the transportation industry, for hundreds of thousands of independent... Read More

October 8, 2018

Kentucky Supreme Court Holds Employers May Not Require Arbitration Agreements as a Condition of Employment

October 8, 2018

On September 27, 2018, the Kentucky Supreme Court issued its opinion in Northern Kentucky Area Development District v. Snyder, No. 2017-SC-000277-DG, and held that Kentucky employers may not require employees to sign arbitration agreements as a condition of their employment.  In reaching its conclusion, the Court relied upon KRS... Read More

October 3, 2018

Supreme Court Hears Age Discrimination in Employment Act Case

October 3, 2018

Does language in the Age Discrimination in Employment Act (ADEA) exempting “employers” with fewer than 20 employees apply to state governments or their subdivisions? Collin O’Connor Udell of Jackson Lewis attended the U.S. Supreme Court argument held on October 1, 2018, in Mount Lemmon Fire District v. Guido, No. 17-587. She wrote the... Read More

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October 5, 2018
Law 360

Michelle Phillips Discusses How #MeToo Has Changed Allegations of Sexual Misconduct in the Workplace

October 5, 2018

Michelle Phillips discusses the one-year anniversary of the #MeToo movement and how it has changed the conversation surrounding sexual misconduct in the workplace in "#MeToo Changed Workplaces, But That's Just A Start," published by Law360. Subscription may be required to view article Read More

October 3, 2018
Bloomberg Law

Michelle Phillips Discusses States With #MeToo Inspired Laws

October 3, 2018

 Michelle Phillips discusses the implications of states that have enacted #MeToo-related laws affecting public and private employers in "States Take Up #MeToo Mantle in Year After Weinstein," published by Bloomberg Law. Subscription may be required to view article Read More

October 1, 2018
Upstate Business Journal

Andreas Satterfield Authors "Is Your Business Compliant with the New South Carolina Pregnancy Accommodations Act?"

October 1, 2018

Andreas Satterfield authors "Is Your Business Compliant with the New South Carolina Pregnancy Accommodations Act?" published by Upstate Business Journal. Subscription may be required to view article Read More

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Florida Jury Awards Former University Registrar $310,500 In Retaliation Suit
October 14, 2018

A jury recently returned a $310,500 verdict in favor of a former University of South Florida employee on her retaliation claim against the University. DeBose v. USF Board of Trustees, et al, No. 8:15-cv-02787 (M.D. Fla. Sept. Read More

California Bill Prohibiting Mandatory Arbitration Provisions in Employment Contracts Vetoed
October 2, 2018

California’s Governor vetoed a bill that would have imposed restrictions on the use of arbitration agreements for certain employment claims.  For a complete summary, see our firm’s blog post by clicking here.… Read More

“Regarded As” Disability Claim Does Not Require Proof of an Employer’s Subjective Belief
October 2, 2018

Under the ADA Amendments Act of 2008 (“ADAAA”), an individual meets the requirement of being “regarded as” having a disability, and thus is protected from discrimination, where his or her employer believes that he or she is substantially limited in a major life activity regardless of whether he or she actually is disabled.  Prior to... Read More

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Oct 9

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Political Expression in the Workplace

Jonathan Geneus and Jeffrey McClelland discuss expression in the workplace and the potential liability for employers.

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Sep 25

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Best Practices for Conducting Internal Investigations

Tanya Bovée and David Jimenez discuss best practices for conducting effective internal investigations.  

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