Employment Litigation

Employment Litigation

Our attorneys have substantial experience representing employees and employers in employment disputes. In most of the employment litigation that we handle, however, we represent groups of plaintiffs who are challenging systemic unlawful employment practices. As outlined below, we have experience in many substantive areas of employment law. In all such cases, knowledge of the applicable federal and state statutes is important. But even more critical is the ability to aggressively unearth facts necessary to prove the varied claims available to employees.

Discrimination: Numerous state and federal laws make it illegal for an employer to make hiring, promotion, or termination decisions on the basis of race, age, gender, disability, and sexual orientation. Unfortunately, it is often very difficult for plaintiffs to prove such discrimination. We believe the key to the successful prosecution of discrimination claims is to undertake an exhaustive pre-filing investigation with several goals in mind: first, to discover and preserve all evidence tending to show discriminatory patterns and motives; second, to identify and secure favorable witnesses; third to enlist other employees who may have suffered similar discrimination. If, after this investigation is complete, we believe we can prove the alleged discrimination, we bring the full force of our experience, skill, and dedication to achieving justice for our clients.

Sexual Harassment: Sexual harassment is technically a type of sex discrimination. But the state and federal laws governing harassment claims are in many ways unique, and require different elements of proof. We have a great deal of experience—and success—in both defending and prosecuting sexual harassment claims. This success is owed in large part to our tenacious pursuit of facts to support our clients’ claims, through formal and informal discovery. In addition, believe that our effective use of experts has been critical to our success. For instance, we have employed the nation’s most esteemed experts on the psychological effects of sexual harassment in order to establish and prove our clients’ injuries, which are often difficult to quantify and prove. And we have worked extensively with another expert in the field of human services to prove that employers have not established adequate measures to detect and prevent harassment, which is a critical element to any sexual harassment case.

Wage and Hour: The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. Employees may have claims available to them if their employers are not complying with the strict rules that guarantee fair compensation to workers. We are have the knowledge and skill to represent large groups employees in their effort to obtain honest wages for honest work.

Defamation: It is unlawful for an employer to make false statements about an employee’s fitness for his or her profession. We have a great deal of experience in the First Amendment and media law issues that often arise in defamation cases. Because of our appreciation for these issues, we exercise great care in electing to bring claims of defamation and only bring claims in extreme situations where there is no constitutional or other privilege for the defamatory statements.