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Practice/Industry Group Overview
Numerous federal and state employment laws impose complex and sometimes conflicting legal obligations on employers and subject them to serious risks. Even routine terminations may lead to costly, high-risk and protracted litigation. Whether you're facing a discrimination suit, a wage and hour collective action, or any workplace litigation, we will not hesitate to use our litigation experience to convince employees they have no case, or to defeat them in court.
Our employment litigators have a proven track record, with more than a dozen successful cases tried to verdict during the past year alone. We are veterans in defending complex multiparty employment disputes, class actions, government suits and the full scope of individual private-plaintiff actions in state and federal courts and agencies nationwide. Please see our Employment Class Action description for more information on our employment class action practice.
Our lawyers represent clients in litigation involving discrimination, wage and hour, breach of contract, wrongful discharge, defamation, ERISA, OSHA, covenants not to compete, trade secret, executive compensation and whistleblower-related claims, including whistleblower provisions of the Sarbanes-Oxley Act. Our cumulative experience includes every aspect of judicial and administrative procedure, with numerous successful jury and bench trials, and appeals at all levels.
Although we try a large number of cases every year, the majority of our cases are won at the summary judgment stage, or we achieve an early settlement that is in our client's best interest. Our priority always remains the same -- achieving the best results for our client.
Recognizing that involving the court system is not always in our clients' best interest, we often utilize our extensive experience in alternative dispute resolution procedures ("ADR") to achieve early and cost-effective resolutions in litigated matters. We also frequently arbitrate executive-level disputes pursuant to contractual arbitration procedures. In fact, several of our lawyers themselves serve as mediators and arbitrators and, hence, are familiar with both sides of the table.
In addition, an important part of our practice involves helping our clients avoid employment litigation by implementing up-to-date workplace policies and practices, and training management to ensure these policies are communicated effectively and applied fairly. We counsel clients on daily workplace issues that arise to help avoid potential liability, including ensuring compliance with wage and hour laws, managing downsizings and employee restructurings, plant closings, and incentive and buyout programs. We also provide regular updates to clients on changing workplace laws that affect their business. In addition, we are frequently asked to direct internal corporate investigations regarding serious employee misconduct.
We help keep employers out of court, yet fight vigorously on their behalf if litigation is necessary.
Recognition
- Seven employment partners listed are in The Best Lawyers in America.
- Our employment and labor practice is ranked first in Ohio and is among the leading practices in Florida and Texas (Chambers USA, June 2006).
- Chambers USA 2006 lists a total of eight Florida, Ohio and Texas employment partners as leaders in the field.
- Employment lawyers have received special regional recognition in Florida Trend's "Legal Elite" publication.
- Some of the individual recognition our lawyers have attained include selection as one of America's leading black lawyers by Black Enterprise magazine, receiving the District of Columbia Bar's "Legends in the Law" award, the Republican National Lawyers Association's "Republican Lawyer of the Year" award, and inclusion as a Fellow in the College of Labor and Employment Lawyers.
Leadership in Action
Employment Litigation: Putting the EEOC on the Defense
Client: FORTUNE 100 Technology Company
Type of Matter: The Equal Employment Opportunity Commission (EEOC) brought a lawsuit challenging the inclusion of a pregnant employee in a workforce reduction.
Our Client's Challenge: Overcoming the emotional testimony (and solid performance reviews) of the terminated employee.
The Goal: Successfully defend our client in a federal jury trial in Detroit.
Our Strategy: We carefully explained the legitimate business reasons for the employee's inclusion in the reduction (relatively weak technical skill set) and focused on the EEOC's aggressive treatment of company witnesses at trial. We ultimately succeeded in portraying the EEOC as oppressive and overreaching in attacking the character of reasonable people who honestly made the difficult business decision of whom to include in a workforce reduction.
Results: The jury found for our client in less than two hours.
Employment Litigation Experience
- Obtained summary judgment for a national insurer in a wage-and-hour case that is frequently cited by the U.S. Department of Labor and other courts, and that was worth hundreds of millions of dollars to our client.
- Successfully defended the largest hospital in Jacksonville, Florida, in a complex case where the plaintiff, a former department director, made a whistleblower claim under Florida law. After a lengthy trial, the jury rejected all of the plaintiff's claims and returned a verdict for our client.
- Won jury verdict in retaliatory discharge case in Southern Texas court where the plaintiff was terminated 10 days after filing a workers' compensation claim.
- Successfully defended a banking client against a former executive's $5 million lawsuit over the outsourcing of her responsibilities. We showed that the company's action was based on sound industry practice and prevailed after a 17-day jury trial in a court where the plaintiff's husband was a judge.
- Won a jury verdict in a Title VII race discrimination, racial harassment and retaliation class action, which was selected as one of the "Top Defense Verdicts" by The National Law Journal.
- Successfully defended a FORTUNE 500 client in a week-long bench trial in a case alleging tortious interference with a consulting agreement, where the plaintiff was alleging $35 million in damages.
- In what defense lawyers say is a first, we helped our client receive a $5.9 million refund from a settlement with the EEOC because not enough claimants had qualified to be paid out of the settlement fund.
- Won a unanimous jury verdict after a week-long trial for our client, a national newspaper publisher. The case involved allegations of ADA violations, the Tennessee Human Rights Act, the Tennessee Handicap Act and the Tennessee Whistleblower statute.
- Won a unanimous jury verdict in favor of our client, a national insurer, in a wrongful discharge case brought under Ohio law. The jury was out less than one hour.
- After an eight-day trial in federal court in Buffalo, New York, we won a jury verdict for our client, a global leader in the information services industry, in a case that was initiated over 10 years ago as a sex discrimination class action seeking a class of several hundred current and former female employees.
- Won a unanimous jury verdict for a FORTUNE 100 client after a week-long race discrimination trial in federal court in Ohio.
- In a six-plaintiff race discrimination lawsuit, we achieved a significant sanctions award for our client after convincing the court that the plaintiffs' action was so meritless that sanctions totaling $200,000 were warranted.
- Convinced federal court that there is no right to jury trial in whistleblower cases brought under the Sarbanes-Oxley Act.
- Won summary judgment for a major airline in a frequently cited Sixth Circuit decision that is a leading case defining constructive discharge.
Solution
Baker Hostetler develops client- specific, secure Internet sites or "portals" for fast and efficient matter management and client communication.
About Our Employment Team
As one of the top employment and labor practices in the country, we counsel many of the nation's leading companies on all aspects of workplace law. With over 100 lawyers coast-to-coast, Baker Hostetler's Employment and Labor Group represents numerous FORTUNE 500 companies, and for many of these companies, we serve as their national employment and labor counsel. Our comprehensive employment practice is comparable in size and depth to the largest employment law boutiques, but we offer the broader resources of a leading, full-service firm.
About Baker Hostetler
Baker Hostetler lawyers help clients establish, maintain and protect market-leading positions across the United States and around the world. We offer clients the strength of 600+ lawyers in a full range of practices, a unique geographic platform including both coasts and the center of the country, a deep knowledge of industry issues and a 90-year track record of excellence and achievement.
For more information about our Employment Litigation Practice:
National Contacts
Mary Price Birk
303.764.4041
mbirk@bakerlaw.com
Martin T. Wymer
216.861.6021
mwymer@bakerlaw.com
Cincinnati
David G. Holcombe
513.929.3402
dholcombe@bakerlaw.com
Cleveland
Martin T. Wymer
216.861.6021
mwymer@bakerlaw.com
Columbus
Ellen J. Garling
614.462.4708
egarling@bakerlaw.com
Denver
Mary Price Birk
303.764.4041
mbirk@bakerlaw.com
Costa Mesa
George T. Mooradian
714.966.8806
gmooradian@bakerlaw.com
Houston
Hurlie H. Collier
713.646.1332
hcollier@bakerlaw.com
Nancy L. Patterson
713.646.1339
npatterson@bakerlaw.com
Los Angeles
Margaret Rosenthal
310.442.8893
mrosenthal@bakerlaw.com
New York
Tracy Cole
212.589.4210
tcole@bakerlaw.com
Orlando
Kevin W. Shaughnessy
407.649.4014
kshaughnessy@bakerlaw.com
Washington, DC
David A. Grant
202.861.1638
dgrant@bakerlaw.com
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