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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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Feb 22

Raleigh, NC
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7th Annual Raleigh Workplace Law Symposium

February 22, 2018 - 7:30 AM to 2:00 PM EST
9401 Glenwood Ave. - Raleigh, NC
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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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.
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February 20, 2018

Ban-the-Box Laws in Spokane, Washington, and Kansas City, Missouri

February 20, 2018

State and local jurisdictions have continued to consider and enact legislation restricting employers from inquiring about a job applicant’s criminal background during the initial stages of the application process. Two of the latest enactments are in Spokane, Washington, and Kansas City, Missouri. Some ban-the-box ordinances are... Read More

February 12, 2018

EEOC: Retaliation Tops Discrimination Charges Filed in Fiscal Year 2017

February 12, 2018

Retaliation was the most common workplace discrimination charge received by the U.S. Equal Employment Opportunity Commission in fiscal year (FY) 2017, according to the agency. (The fiscal year runs from October 1 to September 30.) Retaliation has been at the top since FY 2010. A total of 84,254 charges were filed with the agency... Read More

February 12, 2018

New York City Expands Definitions of ‘Sexual Orientation’ and ‘Gender’ in Human Rights Law

February 12, 2018

A new law passed by the New York City Council amends and significantly broadens the definitions of “sexual orientation” and “gender” in the New York City Human Rights Law (NYCHRL). The new law will become effective on May 11, 2018.  Under Int. No. 1186-A, “sexual orientation” includes “an individual’s actual or perceived romantic... Read More

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February 15, 2018
Law 360

Gregory Alvarez Comments on NJ Justices' Recent Ruling on Unemployment Compensation

February 15, 2018

Gregory Alvarez comments on the recent New Jersey Supreme Court decision denying unemployment benefits to a nurse who never informed her employer she was leaving due to medical reasons in "NJ Justices' Unemployment Ruling Invites Changes To Law," published by Law360. Subscription may be required to view article Read More

February 14, 2018
The Legal Intelligencer

Gary Tocci Discusses Joining Jackson Lewis for its Strong National Labor and Employment Bench

February 14, 2018

Gary Tocci discusses joining Jackson Lewis in Philadelphia from Reed Smith, allowing him to expand his practice geographically in "Longtime Reed Smith Partner Jumps to Jackson Lewis," published by The Legal Intelligencer.  Subscription may be required to view article Read More

February 12, 2018
Law 360

Michelle Phillips Comments on Alleged Corporate Cover-Up at The Weinstein Company

February 12, 2018

Michelle Phillips comments on New York Attorney General filing suit against Harvey Weinstein and the production company, detailing allegations of how management was complicit in "3 Takeaways From NY's Legal Broadside Against Weinstein," published by Law360. Subscription may be required to view article Read More

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Ignorance of Interplay between FMLA and ADA Can Be Costly To Employers
February 15, 2018

One mistake often made by employers is assuming that after an employee has exhausted his or her 12 weeks of protected Family Medical Leave Act (FMLA) leave, the employer’s obligation is fulfilled. Read More

Wisconsin Jury Rejects Fired Jail Officer’s Claims of Discrimination and Retaliation
February 8, 2018

A case involving a former jail officer shows how keeping detailed, contemporaneous records of complaints of discrimination and unfair treatment can help defend against employee claims. A federal jury in Wisconsin rejected a former jail officer’s claim that her termination was the result of sex discrimination and retaliation. Read More

Employer’s Ultimatum Supports Employee’s ADA Failure to Accommodate Claim
February 6, 2018

The United States District Court for the Southern District of Alabama in McClain v. Tenax Corp. Read More