In the past twenty years, the landscape of employment law litigation has expanded to include stronger federal, state and local legislation and stricter enforcement of laws related to problems in the workplace. As these developments have increasingly led to litigation, attorneys in our Employment Law Group have been involved in addressing claims in a broad range of industries.

Available services range from representation of employees and, or employers in federal and state courts, as well as before administrative agencies, and counseling regarding compliance with the ever-increasing number of state, federal, and local laws.

Representation encompasses the following:  

• Litigation of employment-related litigation across the nation, including the evaluation of risk, preparation of pleadings, and implementation of plaintiff and defense strategies through all phases of discovery, motion, trial and appellate practice;
• Dispute resolution before the Equal Opportunity Employment Commission (EEOC), state and local human rights authorities;
• Alternative Dispute Resolution through meditation and arbitration;
• Preparation and evaluation of employee handbooks, Anti-Discrimination and Anti-Harassment policies, E-Mail and Internet policies and employment contracts;
• Draft, enforce and assess employment contracts, covenants not to compete and confidentiality agreements;
• Providing legal support during the pre-litigation investigation and dispute resolution process;
• Employee privacy
• Training staff in the implementation of employment laws and procedures.  

Our attorneys have represented employees and employers in both the private and public sector regarding charges and lawsuits brought under many federal civil rights acts as well as various state and local laws (i.e., New York Human Rights Law, New Jersey Law Against Discrimination). Much work involves employment-related contract and tort claims involving a broad array of issues such as race discrimination, national origin and alienage, ethnic discrimination, sex discrimination, sexual harassment, religious discrimination, Age Discrimination in Employment Act, Americans with Disabilities Act (ADEA), Family and Medical Leave Act, breach of contract, wrongful termination, workers' compensation issues, retaliation, intellectual property disputes, ERISA issues, trade secrets, restrictive covenant, covenants not to compete, breach of fiduciary duty, and breach of duty of loyalty.  

Our litigators have successfully litigated employment-related actions, negotiated settlements and enforced employment contracts for a wide range of industries including securities, airlines, law firms, insurance companies, municipalities, food service and manufacturers. Our litigators have addressed complaints brought against all levels of management including both professional and trade workers.

Civil Rights Law

Our attorneys are prepared to represent employees and employers before federal agencies such as the EEOC and state agencies such as the New York State Division on Human Rights (NYSDHR). We perform litigation and employ alternative dispute techniques to resolve claims under Title VII of the Civil Rights Act, the post-Civil War civil rights acts (42 U.S.C. 1981, 1983, and 1985), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act and other employment laws.  

By diligent investigation, discovery and litigation, our Group unmask frivolous claims, put a swift end to meritless litigation, and negotiate judicious solutions. Ever mindful of the latest developments up to the U.S. Supreme Court level refining the subtle parameters of a prima facie case in employment matters, we carefully scrutinize claims. We are strongly guided by the recognition that the mere possibility that a factual dispute may exist, without more, is not sufficient to overcome a convincing presentation by the moving party in a properly presented summary judgment motion.  

• Meditations have been successfully employed to resolve discrimination and harassment matters. Such resolutions, which have set forth reasonable monetary settlements, have also successfully addressed such matters as requested remedial action by the company, re-hiring of workers and confidentiality.
• Drawing upon properly constructed and enforced corporate policies and grievance procedures, our attorneys have successfully prosecuted and defeated claims for race and ethnic discrimination, retaliation, wrongful termination by summary judgment in federal court where a company's internal dispute resolution process and pre-litigation appearance before the EEOC did not resolve the matter.

Employment Tort Litigation and “Wrongful Discharge”

Defense of employment-related contract and tort matters often encompasses resolving claims of wrongful discharge. These claims may arise in state court litigation or appear as pendent claims included in one or more federal causes of action. Our attorneys have addressed issues regarding severance agreements, thus successfully averting costly litigation.  

Our attorneys are experienced in defending against and prosecuting claims of breach of written or oral contracts, breach of fiduciary duty and duty of loyalty. Often, employment disputes lead to violations of covenants not to compete and other contractual claims. Our attorneys have successfully enforced injunctions based upon such violations, as well as resolving disputes encompassing misappropriation of trade secrets, trademark infringement, defamation and Racketeer Influenced Corruption Act (RICO) claims.

Occupational Health and Safety

Under the federal Occupational Health and Safety Act (OSHA) employers are required to comply with certain standards in order to ensure a safe workplace free of recognized hazards. Individual states have similar laws. We counsel employers regarding compliance with these laws. Our attorneys also address OSHA issues when they are included as part of employment-related litigation. Similarly, where workers' compensation issues (i.e. alleged retaliatory action for placing a claim) appear in employment related claims, these are also addressed.

Other Employment Counsel and Support

In the climate of burgeoning employment legislation and litigation, it is impossible to set forth all laws which have been impacted in employment-related actions. Our attorneys advise and represent clients to conform to the present state of the law and to anticipate problem areas. Our attorneys are available to address clients and their staffs concerning workplace procedures. We are prepared to develop and review Employee Handbooks, employment agreements, covenants not to compete, compliance and grievance procedures.  

We keep our clients informed of employment law developments by publishing a periodic newsletter.