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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.

Key Representations

  • Secured summary judgment for Perdue Farms in a same-sex harassment and retaliation case resulting in the first written decision on the topic in the United States District Court of Delaware.
  • Applied contractual shortened statute of limitations to secure summary judgment in matter allowing class incentive pay allegations for financial institution.
  • Secured summary judgement for Fortune 100 Pharma Company in connection with allegations of race discrimination.
  • National employment litigation counsel for Advance Auto Parts. Cases have included defending all types of discrimination, harassment, retaliation, and alleged violations of various state and federal statutes, such as ADA, FMLA, FLSA, FCRA, USERRA, etc.  
  • Secured summary judgment for large regional financial institution in a Sarbanes-Oxley retaliation matter.
  • Obtained dismissal at the summary judgment stage of a RICO immigration class action against Perdue Farms management and human resources employees at 15 poultry facilities across the country alleging the knowing hiring of illegal immigrants to depress wages.   Successfully handled the matter through the denial of cert before the U.S. Supreme Court.
  • Secured summary judgment for Fortune 100 Pharma Company in connection with allegations of race and national origin discrimination.
  • Successfully defended an arbitration claim filed against Winthrop University by its former President, who alleged that her termination by the Board of Trustees was in breach of her contract and sought roughly $1 million in lost earnings.  On the eve of arbitration, Plaintiff agreed to dismiss all claims with prejudice and no money exchanged.
  • Secured summary judgment for national nonprofit hospital system in case alleging discrimination against members of Muslim faith.

The Team

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May 31

Albuquerque, NM
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2018 New Mexico Labor & Employment Law Conference

May 31, 2018 - 8:30 AM to 6:00 PM
30 Rainbow Road NE - Albuquerque, NM
Credits: CLE - 3.5 (pending), HRCI - 3.5 (pending), SHRM - 3.5 (pending)
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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 - Pending, HRCI - Pending, SHRM - Pending
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May 15

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Handling #MeToo Claims and Insured NLRB Retaliation Charges

May 15, 2018 - 1:30 PM to 2:00 PM EST
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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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April 18, 2018

Massachusetts Adjusts Limits on Employer Inquiries into Job Applicants’ Criminal History

April 18, 2018

A provision in the Massachusetts criminal justice reform law signed by Governor Charlie Baker amends the state’s restrictions on the questions employers may ask a job applicant regarding the applicant’s criminal history during the hiring process. The new restrictions include an adjusted limitation on asking about misdemeanor convictions... Read More

April 17, 2018

Localities and the Salary History Ban: Next Stop, Westchester County, New York

April 17, 2018

New York’s Westchester County is the latest locality to adopt legislation prohibiting employers from asking prior salary histories of a prospective employee. On Equal Pay Day, April 10, 2018, Westchester County Executive George Latimer signed legislation with the stated legislative intent of preventing the perpetuation of the gender... Read More

April 11, 2018

New York City Council Passes Legislative Package Aimed at Preventing Sexual Harassment in the Workplace

April 11, 2018

The New York City Council passed a package of legislation on April 11, 2018, that will strengthen the City’s laws against harassment in the workplace. Mayor Bill de Blasio is expected to sign the legislation into law in the coming weeks. Most private employers in New York City will be required to conduct mandatory annual sexual... Read More

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April 18, 2018
Jackson Lewis

Theresa M. Marchlewski and Leonora M. Schloss Honored as “Most Influential Women Attorneys" by Los Angeles Business Journal

April 18, 2018

LOS ANGELES, CA (April 18, 2018) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Principals Theresa M. Marchlewski and Leonora M. Schloss have been recognized as two of Los Angeles’ “Most Influential Women Attorneys” by the Los Angeles Business Journal. The list honors 75 of the most... Read More

April 18, 2018
Jackson Lewis

Jackson Lewis Deepens Employment Litigation Bench with Kathleen M. Hurly in San Francisco

April 18, 2018

SAN FRANCISCO, CA (April 18, 2018) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Kathleen M. Hurly has joined the firm’s San Francisco office as a Principal. Ms. Hurly joins the firm from Kaufman Dolowich & Voluck and contributes almost 25 years of employment litigation experience... Read More

April 18, 2018
The Indiana Lawyer

Brian McDermott Comments on Indiana's Uptick in Pro Bono Legal Assistance

April 18, 2018

Brian McDermott comments on the increasing amount of volunteer attorneys in Indiana in "Pro bono push: State, federal court see upturns in volunteering attorneys," published by The Indiana Lawyer. Subscription may be required to view article Read More

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Unplug: Will Employees Soon Have The “Right to Disconnect?”
April 23, 2018

If a proposed law is enacted by the New York City Council, employers would be prohibited from requiring employees to check and respond to email or other electronic communications during non-work hours. Read More

Reward for Highest Score: No Promotion, But $1.2 Million Jury Verdict
April 17, 2018

A long-time New Jersey police department employee applies for a promotion to captain. On the promotional exam, he scores higher than any other applicant. He isn’t promoted. His consolation prize, however, is a jury verdict of more than $1.2 million in state court last month. In Downing v. Read More

Supreme Court Declines to Review Seventh Circuit Case Finding Extended Leave of Absence Is Not a Reasonable Accommodation
April 4, 2018

The United States Supreme Court declined to review a decision from the Seventh Circuit Court of Appeals that held a two-to-three month leave of absence following the exhaustion of leave under the Family and Medical Leave was not a reasonable accommodation under the Americans With Disabilities Act.  Severson v. Read More