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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 61 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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Archived

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California Employment Law 101: Avoiding Claims in 2019

July 24, 2019 - 1:00 PM to 2:00 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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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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October 7, 2019

U.S. Supreme Court to Hear Arguments on LGBTQ+ Workplace Protections under Title VII

October 7, 2019

The U.S. Supreme Court is set to hear oral argument on October 8, 2019, in three high-stakes cases that will decide whether LGTBQ+ employees are protected from workplace discrimination under Title VII of the Civil Rights Act of 1964. The cases before the Court are Altitude Express Inc. v. Zarda, No. 17-1623, Bostock v. Clayton County... Read More

September 30, 2019

New York City Issues New Enforcement Guidance on Discrimination Based on National Origin, Immigrant Status

September 30, 2019

Continuing its pattern of issuing enforcement guidance on areas on which it focuses, the New York City Commission on Human Rights has released guidance reiterating the obligations of most employers, housing providers, and providers of public accommodations in New York City to avoid discrimination based on national origin and immigration... Read More

September 24, 2019

Get Ready for Maryland’s New Employment Laws Going into Effect October 1

September 24, 2019

New Maryland laws governing the workplace will take effect on October 1, 2019. These laws: Amend the state’s Fair Employment Practices Act (FEPA) with respect to harassment claims and with respect to the definition of “employee”; Require unpaid leave and provide additional protections for employees serving as organ or bone marrow... Read More

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October 9, 2019
Crain's New York Business

Richard Greenberg Comments on Digital Interactive Training Options for Employers to Comply with New York’s Sexual Harassment Training Law

October 9, 2019

Richard Greenberg comments on training options for employers to meet New York State law requirements for sexual harassment training in “Deadline arrives for workplace sexual harassment training,” published by Crain’s New York Business. Subscription may be required to view article  Read More

October 8, 2019
Bloomberg Law

Michelle Phillips Comments on the Surge of Charges Filed Alleging Workplace Discrimination Against LGBTQ Employees

October 8, 2019

Michelle Phillips comments on the increase of charges filed with the EEOC alleging LGBTQ-based sex discrimination in “High Court LGBTQ Decision Could Upend Sex-Stereotyping Bias,” published by Bloomberg Law. Subscription may be required to view article Read More

October 8, 2019
SHRM

Michelle Phillips Comments on Implications of Supreme Court Determining Whether Title VII Protects LGBTQ Workers

October 8, 2019

Michelle Phillips comments on the implications of the U.S. Supreme Court determining whether Title VII prohibits discrimination against sexual orientation discrimination or gender identity discrimination in “Supreme Court Hears LGBTQ Job Discrimination Cases,” published by SHRM.  Subscription may be required to view article Read More

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Illinois Expands State Human Rights Act to Include Employers with One or More Employees
August 28, 2019

Like other States (including New York) and many cities, Illinois has expanded the reach of its anti-discrimination statute to bring smaller employers within coverage of the Human Rights Act.  Even though such small employers may lack the in-house expertise to understand the nuances of complex laws, they must find a way to do so.  Our...&# Read More

Fired University Tennis Director Accused of Sexual Misconduct of Student-Athlete Allowed to Pursue his Gender Discrimination claims against the University
August 28, 2019

The obligations of educational institutions were elevated even higher in a recent ruling by the Second Circuit Court of Appeals, which held “When universities design and implement polices to ensure the security of their students, they facilitate their sacred mission of educating the next generation.  But when they distort and deviate from Read More

New York’s Highest Court Finds College Abused Its Discretion By Failing To Grant Adjournment of Administrative Hearing
August 26, 2019

In a recent ruling, New York’s highest court recognized the right to counsel when a student is accused of serious misconduct. Matter of Bursch v. Purchase Coll. of the State Univ. of N.Y. In this instance, a college student was accused of multiple violations of the College’s code of conduct, including sexual assault. Read More

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Jun 25

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NLRB Replaces Its Test for Distinguishing Between Employees and Independent Contractors

James Verdi and Sabrina Brown discuss the recent test for determining independent contractors under the NLRA.

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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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