Labor and Employment Litigation

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Representative Matters

  • Represented a large private company against claims for millions of dollars in damages arising from allegation of employment discrimination.

  • Represented former executive of educational technology company in prosecution of lawsuit arising from failure of ownership to properly compensate executive with agreed-upon bonuses and stock guarantees.

  • Prevailed in the defense of a corporate client at arbitration in discrimination action brought by a former employee as well as in subsequent litigation at the trial and appellate court levels.

  • Successfully achieved summary judgment in a retaliatory termination claim in which the plaintiff was seeking several hundred thousands of dollars in damages.

  • Defended a public utility in the trial court and on appeal against purported class action ERISA, Title VII and OWBPA challenge to utility’s early retirement program in connection with corporate downsizing.

  • Defeated the plaintiffs’ motion for conditional certification in a Fair Labor Standards Act case, where the plaintiffs alleged a national policy of failing to pay for orientation, training and other hours at a quick-service restaurant chain.

  • Defeated the plaintiff’s tort claims in a multi-day arbitration involving tortious interference with prospective business advantage, defamation and non-compete claims.

  • Defended utility on appeal in class action alleging Fair Labor Standards Act violations regarding overtime pay.

  • Dismissal of former employee’s FMLA claims.

  • Jury verdict in favor of employer as to former employee’s retaliation claims.

  • Prevailed on summary judgment on behalf of a major railroad in a case alleging that the client’s policy to exclude persons with a felony conviction within 7 years from access to its hub operations constituted race discrimination in violation of Title VII.

  • Successfully achieved summary judgment on a retaliatory-discharge claim.

  • Successfully represented corporations in business litigation matters involving actions for breach of contract and breach of fiduciary duty.

  • Summary judgment in favor of employer as to race and gender claims under Title VII.

  • Obtained a defense jury verdict in favor of our client on Title VII gender discrimination and retaliation claims brought by the company’s female vice president of operations.

  • Won a discrimination case for the employer that is often cited as a fundamental statement of the law in the 7th Circuit concerning the issue of "pretext" under the McDonnell Douglas burden shifting analysis. In the case of Forrester v. Rauland-Borg Corp., 453 F.3d 416, (7th Cir. 2006), the 7th Circuit declared that a “pretext” is a deliberate falsehood, but “[a]n honest mistake, however dumb, is not, and there is no doubt that it is the real reason it blocks the case at the summary-judgment stage.” The opinion written by the celebrated Hon. Richard A. Posner, and joined by two more of 7th Circuit’s most acclaimed judges Frank H. Easterbrook and Diane P. Wood, concludes that under the burden shifting analysis of McDonnell Douglas Corp. v. Green. 411 U.S. 792 (1973), “the question is never whether the employer was mistaken, cruel, unethical, out of his head, or downright irrational in taking the action for the stated reason, but simply whether the stated reason was his reason, not a good reason, but the true reason.”

  • Defeated dispositive motions related to client’s lawsuit claiming breach of fiduciary duties by former employee.