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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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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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August 22, 2019

Illinois Expands State Human Rights Act to Include Employers with One or More Employees

August 22, 2019

An amendment to the Illinois Human Rights Act (IHRA) expands the definition of “employer” from employers with at least 15 employees to those with one or more employees. The legislation, House Bill 252, was signed by Governor J.B. Pritzker on August 21, 2019, and enacted as Illinois Public Act 101-0430. The new law will become... Read More

August 13, 2019

New York Expands Harassment Laws, Protections of Religious Attire, Clothing, or Facial Hair

August 13, 2019

New York state has enacted sweeping new workplace harassment protections for employees, including lowering the standard for when harassment is actionable. It also has adopted new law prohibiting employment discrimination based on religious attire, clothing, or facial hair. Workplace Sexual Harassment On August 12, 2019, Governor... Read More

August 12, 2019

Illinois Enacts Workplace Harassment Law, Creating New and Expanded Obligations for Employers

August 12, 2019

Employers in Illinois will have new obligations related to employment contracts, training, and agency oversight under a wide-ranging bill signed by Governor J.B. Pritzker on August 9, 2019, that is intended to combat workplace harassment and provide greater protections for employees. Senate Bill 75 unanimously passed both houses of... Read More

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August 12, 2019
Law 360

Neda Dal Cielo Discusses Joining Jackson Lewis as Managing Prinicipal of the Firm's New Silicon Valley Office

August 12, 2019

Neda Dal Cielo discusses joining Jackson Lewis and opening the firm's 60th office in "Jackson Lewis Nabs Sex Harassment Litigator From Littler," published by Law360.  Subscription may be required to view article  Read More

August 8, 2019
SHRM

Patrick Rocks, Kathryn Montgomery Moran and Julia Wolf Author "Illinois Expands Equal Pay Act and Bans Salary-History Inquiries"

August 8, 2019

Patrick Rocks, Kathryn Montgomery Moran and Julia Wolf author "Illinois Expands Equal Pay Act and Bans Salary-History Inquiries" in SHRM. Subscription may be required to view article Read More

August 8, 2019
The Recorder

Neda Dal Cielo Comments on Opening Jackson Lewis' 60th Office in Silicon Valley

August 8, 2019

Neda Dal Cielo comments on joining Jackson Lewis as San Jose Office Managing Principal and the opening of the firm's 60th office in "Jackson Lewis Snags Littler Litigator to Open Silicon Valley Office," published by The Recorder. Subscription may be required to view article Read More

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Manager’s Observation of Harassment Places Liability on Employer
August 22, 2019

Under generally accepted Title VII principles, an employer can be held liable when a co-worker harasses a co-worker if a supervisor is aware of the harassment, but fails to take prompt corrective action. This principle was reiterated in EEOC v. Read More

Seventh Circuit Weighs in on Obesity as a Disability under the ADA
August 20, 2019

In an issue of first impression in the Seventh Circuit, the Court of Appeals upheld summary judgment in favor of the employer dismissing the Plaintiff’s claim that obesity qualified as a disability under the Americans with Disabilities Act (“ADA”). Richardson v. Chicago Transit Authority. Read More

EEOC Subpoena of Pattern-Or-Practice Information Based On Individual Charges Upheld
August 5, 2019

Contrary to the U.S. Supreme Court’s restriction of class actions in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), courts have granted the Equal Employment Opportunity Commission (“EEOC”) broad power to issue nationwide pattern-or-practice subpoenas even though only individual charges were filed against the employer. 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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