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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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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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April 16, 2019

Indiana Court Declines to Expand At-Will Employment Exception

April 16, 2019

Reaffirming Indiana’s “strong” presumption of at-will employment, the Indiana Court of Appeals has declined to expand the public policy exception to the at-will employment doctrine to include an employee’s mistaken belief that he was subpoenaed to testify at an unemployment hearing. Perkins v. Memorial Hosp. of South Bend, No. 18A-CT-... Read More

April 2, 2019

Eleventh Circuit Clarifies Its ‘Similarly Situated’ Standard for Workplace Discrimination Claims

April 2, 2019

The proper standard for comparator evidence in cases alleging intentional discrimination is “similarly situated in all material aspects,” the U.S. Court of Appeals for the Eleventh Circuit has clarified in an en banc ruling. Lewis v. City of Union City, Ga., No. 15-11362, 2019 U.S. App. LEXIS 8450 (11th Cir. Mar. 21, 2019). The... Read More

March 28, 2019

U.S. Supreme Court Hears Oral Argument on Agency-Deference Doctrine

March 28, 2019

Should courts defer to agency interpretations of their own regulations so long as the interpretations are reasonable, even if a court believes another reasonable reading of a regulation is the better reading? In Auer v. Robbins, 519 U.S. 452 (1997), and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945), the U.S. Supreme Court... Read More

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April 11, 2019
Daily Report

William Anthony and Kevin Lauri Discuss Jackson Lewis' Strong Growth in 2018

April 11, 2019

William Anthony and Kevin Lauri discuss the firm's strong growth in 2018, due to an increased demand for litigation, new laws and regulations, and the #MeToo era in "Strong Demand Fuels Growth for Big Four Labor and Employment Firms," published by the Daily Report. Subscription may be required to view article Read More

April 11, 2019
Jackson Lewis

Jackson Lewis Bolsters Employment Litigation Team with David E. Martin in St. Louis

April 11, 2019

ST. LOUIS, MO (April 11, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce David E. Martin has joined the firm’s St. Louis office as a Principal. Mr. Martin joins the firm from Macy’s, Inc., where he was Vice President of Litigation. He has more than 30 years of experience, primarily... Read More

April 11, 2019
Times Union

Jackson Lewis' Albany Office is Spotlighted as a Top Workplace

April 11, 2019

Jackson Lewis' Albany office is named a top place to work in "Top Workplaces 2019 2nd Place Small Employer: Jackson Lewis," published by Times Union. Subscription may be required to view article Read More

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Workplace Gossip May Lead to Title VII Liability, Fourth Circuit Holds
March 22, 2019

An employer’s failure to stop a false rumor that a female employee slept with her male boss in order to obtain a promotion can give rise to liability under Title VII of the Civil Rights Act of 1964, according to a recent decision by the Court of Appeals for the Fourth Circuit. Parker v. Read More

New Jersey: Non-Disclosure Provisions Prohibited in Settlement Agreements and Other Contracts
March 21, 2019

In what could be the next wave of legislation, New Jersey has amended the State’s Law Against Discrimination to bar enforcement of non-disclosure provisions in settlement agreements and employment contracts.  For a complete discussion of the new law, effective March 18, 2019, please click here.… Read More

Court of Appeals Rules Landlords Can Be Liable for Tenants’ Discriminatory Conduct
March 21, 2019

Just when landlords and their insurers thought that their obligations couldn’t get broader, the Second Circuit Court of Appeals ruled the federal Fair Housing Act’s anti-discrimination requirement extends to every part of the housing relationship, including discrimination by another tenant (not by the landlord) that occurs after the sale Read More

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Jan 22

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Sexual Harassment Policies and Employee Handbooks in the Time of #MeToo

Yvonne Norris Maddalena discusses sexual harassment policy tips for employee handbooks in the time of #MeToo.

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Dec 4

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Office Holiday Party Liabilities

Daniel Waslawski and Roderick Gillum discuss legal liabilities of workplace holiday parties.

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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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