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Capabilities / Labor & Employment

Employment Litigation

Our team works collaboratively with clients, developing a tailored approach to achieving the best possible outcomes while minimizing costs and the disruption of the workplace.

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Employment litigation is complex, costly, and time-consuming. As a result, it is vital to partner with counsel at the outset to develop a strategy geared toward the unique challenges and business needs of the client. We advocate for employers before state and federal courts and agencies on workplace related claims and collective actions, such as discrimination, harassment, retaliation, family medical leave, wage and hour, employee benefits, defamation, breach of contract, intentional or negligent infliction of emotional distress, and other high-exposure claims and disputes.

Our Value

Our attorneys come from diverse backgrounds, including small sophisticated boutiques, large international firms, municipal government, and in-house counsel. As a result, our breadth and depth of knowledge and experience enable us to respond to a threat, develop a game plan, and implement a winning strategy. We leverage the tools afforded by Obermayer ­ a full-service firm ­ to address the complex web of issues that arise with litigation.

Clients appreciate that we handle employment litigation in an effective, efficient, and economical manner. We are practical litigators, working cooperatively and strategically with our clients to develop solutions that take into account hard costs, such as fees and expenses, and soft costs, such as risks to our client’s credibility or reputation in the marketplace.

Our Clients

We represent employers, directors, officers, and management employees, from small family-owned businesses to Fortune 50 companies in a variety of industries. Our clients rely on us in the most vulnerable situations to provide immediate feedback, counsel, and solutions. While there are situations where legal action is unavoidable, we are often able resolve the issues at hand without litigation and the associated costs.

Our Focus

We leverage our battle-tested team to make immediate strategic strides when litigation is unavoidable. Our experience in a variety of forums enables us to use our significant substantive and procedural knowledge to achieve optimal results, as defined by the client.

Early case assessment is key to our successful defense of employment litigation claims and disputes. This strategy reduces costs by changing the focus from processing a lawsuit to addressing and resolving the underlying business problem. By partnering with our clients, we redefine what constitutes favorable case resolution and chart a strategy that meets both business and litigation objectives.

Understanding and avoiding the costs of litigation, as well as the risks associated with a jury trial, can make settling a case attractive. On the other hand, there are times when the issues strike at the heart of a company’s character or mission, and settling becomes the last choice. If appropriate, we use the fully array of alternative dispute resolution options to obtain the client’s desired outcome in a strategic and efficient manner.

 

  • We represented a mid-sized employer in a sexual harassment and assault case, when an administrative assistant alleged that, due to the assault and harassment, she suffered a stroke in the workplace. Damages were estimated $5-7 million. We successfully defended the case before the workers compensation commission, at the agency level, and, ultimately, got the federal case dismissed.
  • After a three-day bench trial, we obtained a defense verdict on behalf of our client on claims asserted by a former employee that he was owed money for unpaid wages and commissions.
  • We successfully tried claims of retaliation and wrongful termination in federal court and received a favorable jury verdict for our client. The demand immediately prior to trial was well over $200,000.