Jaime S. Tuite concentrates her practice on defending employers in discrimination and wage and hour lawsuits and has tried such cases in both Allegheny County Court of Common Pleas and the Western District of Pennsylvania. She counsels employers on hiring, disciplining, and firing employees, including drafting employment agreements, assisting in large reductions in force, and providing sensitivity and management training. Jaime also has significant experience litigating restrictive covenants cases and has obtained temporary restraining orders and preliminary injunctions for employers enforcing employment agreements. Jaime represented employers in the following recent non-compete litigation matters: · Obtaining a temporary restraining order in federal court preventing a senior buyer from working for a competitor of a retail merchandising client. · Obtaining a temporary restraining order and preliminary injunction order in federal court to prevent a high-level executive from working for a competitor of a large steel distributor. · Representing a major Pennsylvania-based roofing company in preventing its former employees from violating a non-solicitation agreement by performing work for its customers, which included an injunction hearing in Allegheny County Court of Common Pleas. · Representing a Pennsylvania-based manufacturer in preventing its former employee from violating his employment agreement by capitalizing on a business method that the manufacturer client owned. Jaime represented employers in the following recent employment discrimination matters: · Defending a large research and development organization in a national origin and retaliation lawsuit, resulting in a victorious district court decision granting summary judgment and Third Circuit decision affirming summary judgment. · Defending an international recruiting firm in a race discrimination and retaliation lawsuit, resulting in a victorious district court decision granting summary judgment and Third Circuit decision affirming summary judgment. · Defending a broadcasting company in a federal court jury trial involving allegations of reverse race discrimination, sex discrimination and retaliation by a former employee. · Defending a distributor of petroleum products in employment litigation in West Virginia involving claims of age discrimination, retaliation, and various tort claims. Jaime represented employers in the following Fair Labor Standards Act (FLSA) and Pennsylvania Wage Payment and Collection Law (WPCL) disputes: · Defending a mortgage company in a FLSA collective action involving hundreds of plaintiffs against claims that the company had misclassified its loans officers. · Defending a religious organization in a FLSA retaliation and wrongful termination case brought by a former employee, including a victorious decision from the Third Circuit to affirm a successful result in the lower court. · Representing a major broadcasting company in a jury trial in Allegheny County on breach of contract and WPCL claims brought by a former executive, including a victorious argument where the Court granted a compulsory non-suit. · Defending a significant mutual fund manager in a FLSA collective action and WPCL class action that resulted in a dismissal of the case from federal court. Jaime's recent litigation experience extends beyond typical employment litigation and includes: · Defending a significant mutual fund manager in a NASD arbitration involving breach of contract, defamation, and other various tort claims. · Defending a regional healthcare provider in a qui tam action, initiated by former employees, involving claims under the False Claims Act and various tort claims. · Defending an independent, public entity from a lawsuit involving Section 1983 and breach of contract claims, including a victorious decision by the district court dismissing the lawsuit and the Third Circuit affirming that decision. · Defending a financial service company and a large research and development organization from multiple lawsuits involving ADA-compliance issues. Jaime serves on Buchanan's Recruitment Committee, E-Discovery Team, Pro-Bono Committee, and in 2007, she coordinated Buchanan's Summer Associate Program. In 2006, Jaime was recognized among "Women on the Verge" as part of a special supplement of The Legal Intelligencer's "Women in the Profession." From April 2003 to September 2004, Jaime served as a law clerk for the Honorable Joy Flowers Conti in the Western District of Pennsylvania. Reported Cases Sampath v. Concurrent Technologies Corp., 299 Fed.Appx. 143 (3d Cir. 2008); Ferrone v. Onorato, 298 Fed.Appx. 138 (3d Cir. 2008); Koger v. Robert Half Inter., 247 Fed.Appx. 349 (3d Cir. 2007); Preobrazhenskaya v. Mercy Hall Infirmary, 71 Fed.Appx. 936, (3d Cir. 2003); Hodczak v. Latrobe Specialty Steel Co., 2009 WL 911224 (W.D. Pa. 2009); Hodczak v. Latrobe Specialty Steel Co., 2009 WL 911311 (W.D. Pa. 2009); Rupert v. PPG Industries, Inc., 2009 WL 501907 (W.D. Pa. 2009); Rupert v. PPG Industries, Inc., 2009 WL 596014 (W.D. Pa. 2009); Rupert v. PPG Industries, Inc., 2009 WL 579234 (W.D. Pa. 2009); Sampath v. Concurrent Technologies Corp., 2008 WL 868215 (W.D. Pa. 2008); Centimark Corp. v. Saffold, 2007 WL 2317350 (W.D. Pa. 2007); Koger v. Robert Half Inter., 2007 WL 712225 (W.D. Pa. 2007); Ferrone v. Onorato, 2007 WL 184815 (W.D. Pa. 2007); Sampath v. Concurrent Technologies Corp., 2006 WL 3231954 (W.D. Pa. 2006); Greene v. MPW Indus. Services, Inc., 2006 WL 3308577 (W.D. Pa. 2006); Healthcare Management and Investment Holdings, LLC v. Feldman, 2006 WL 2660628 (N.D. Ohio 2006); Sampath v. Concurrent Technologies Corp., 2006 WL 2642417 (W.D. Pa. 2006); Sampath v. Concurrent Technologies Corp., 2006 WL 1207961 (W.D. Pa. 2006); U.S. ex rel. Bartlett v. Tyrone Hosp., Inc., 234 F.R.D. 113 (W.D. Pa 2006); Preobrazhenskaya v. Mercy Hall Infirmary, 2002 WL 32396244 (W.D. Pa. 2002). Publications & Speeches Recent Ledbetter Act Developments: Employee's Unanswered Request for Raise and a Change in Pension Benefit Accrual Rate Rendered EEOC Charges Filed Years Later Timely September 21, 2009 ADEA Disparate-Treatment Plaintiffs Must Prove Age Was the But-For Cause of the Challenged Employment Action June 30, 2009 Paying a Male Replacement More than a Female Incumbent Can Lead to Liability June 2, 2009 Lilly Ledbetter Fair Pay Act of 2009: Is Your Company at Risk May 6, 2009 New York Employers Must Now Inform Applicants/Employees of Laws Regarding Criminal Background Checks February 12, 2009 2009 Employment Law Update on ADAAA and FMLA Issues January 22, 2009 Intersection between Intellectual Property and Employment Law July 30, 2008 Solution to Problematic Issues Under the ADA and FMLA May 15, 2008 Employment Law Update - Recent Developments and Hot Topics May 8, 2008 Employee Handbook Presentation March 2008 Update on Whistleblower Claims February 27, 2008 Katz Graduate School of Business - American Employment Law Limiting Liability through Personnel Management Practices August 8, 2007 Tax-Exempt Organizations in Pennsylvania presentation for Lorman Educational Services March 31, 2006 Representation by Non-Lawyers of Corporate Employers: Changes in Pennsylvania Unemployment Compensation Proceedings June 17, 2005 How Will the New Federal Overtime Regulations Affect the IT Industry? November 29, 2004 Civic & Charitable Neighborhood Legal Services Association, board member, former treasurer, former chair of the Client Grievance Committee and former co-chair of the Pro Bono Service Task Force Pittsburgh Habitat for Humanity, past board member, past vice chair, past chair of the Human Resources Committee Buchanan Ingersoll & Rooney High School Mentoring Program with Westinghouse, Carrick, and Peabody High Schools, past program coordinator McKees Rocks Pro Bono Clinic, volunteer Affiliations Women in Law Division, member; Young Lawyers Division Council, past elected member; Very Important Papers Program, former program coordinator, Bar Leadership Initiative Program, graduate, Allegheny County Bar Association The W. Edward Sell American Inn of Court Graduate, CORO Women's Leadership Program American Bar Association (Also at Pittsburgh, Pennsylvania Office) |