Mr. McGoey is the leader of the firm's labor and employment law practice. He represents employers in litigation matters and advises them on a wide range of human resources issues.
Mr. McGoey's litigation success covers many venues including federal and state trial and appellate courts and arbitrations. He has handled matters in courts and before arbitrators in Louisiana, Mississippi, Texas, Alabama, Arkansas, Florida, Oklahoma, Nebraska and Iowa. In addition, he has represented employers in administrative proceedings before the Equal Employment Opportunity Commission (EEOC), National Labor Relations Board (NLRB), Department of Labor (DOL) and Occupational Safety and Health Administration (OSHA).
His areas of experience include defending employers against claims under Title VII of the Civil Rights Act of 1964, the Sarbanes-Oxley Act, Age Discrimination in Employment Act, Equal Pay Act, Fair Labor Standards Act, ERISA, Family and Medical Leave Act and other federal and state employment laws. He has amassed significant experience defending claims of sexual harassment, retaliation, violations of whistle-blower statutes, wrongful discharge, intentional infliction of emotional distress, and defamation. He has litigated numerous claims involving employment, non-competition and confidentiality agreements. He has also arbitrated numerous grievances involving discipline of union employees and interpretation of collective bargaining agreements.
Mr. McGoey provides comprehensive guidance in human resource matters, including hiring, promotion, discipline, termination, reductions in the labor force, and responding to catastrophes affecting the workplace. He drafts employment and non-competition agreements, alternative dispute resolution policies, and employee handbooks. Additionally, he conducts training for managers and supervisors on substantive issues and the avoidance of claims and litigation.
For clients involved in mergers and acquisitions, Mr. McGoey conducts due diligence and drafts agreement provisions related to labor and employment law issues.
Prior to concentrating his legal practice on labor and employment matters in 1994, Mr. McGoey gained valuable litigation experience in cases involving offshore personal injury, collections and lender liability, railroad crossing accidents and the Federal Employers' Liability Act.
Mr. McGoey is a frequent speaker on labor and employment topics including whistle-blowing, retaliation, non-competition and employee leaves of absence.
Significant Decisions Include:
•Shell Chemical, 128 LA 376 (Chapdelaine 2010) (termination grievance); Chevron Oronite Co., 129 LA 528 (Nicholas 2011) (contracting out of work grievance); Love v. Motiva Enterprises LLC, 349 Fed. Appx. 900 (5th Cir. 2009) (same sex, sexual harassment); Weber v. Motiva Enterprises LLC, 2012 U.S. Dist. LEXIS 155889, 10/31/12 (race discrimination); McClung v. Shell Chemical LP, 2012 U.S. Dist. LEXIS 138115, 9/25/12 (age, sex, and race discrimination); Marcella v. Ochsner Health System, 2011 U.S. Dist. LEXIS 120863, 10/19/11 (ERISA benefits); Altier v. Worley Catastrophe Response, et al., 2011 U.S. Dist. LEXIS 49429, 5/9/11 (FLSA joint employer); Hardy v. Shell Chemical LP, 2010 U.S. Dist. LEXIS 69380, 7/12/10 (age discrimination); Hypes v. First Commerce Corp., 134 F. 3d 721 (5th Cir. 1998) (ADA); Woods v. Delta Beverage Group, Inc., 274 F. 3d 295 (5th Cir. 2001) (sexual harassment); Wells ex rel. N.L.R.B. v. Brown & Root, Inc., 65 F.Supp. 2d 1264 (S.D. Ala. 1999) (NLRB Sect. 10j Injunction); Clark v. Acco Systems, Inc., 39,532 (La. App. 2 Cir. 4/6/05), 899 So.2d 783 (wrongful termination); Davis v. Hibernia Nat. Bank, 1998-1164 (La. App. 4 Cir. 2/24/99), 732 So.2d 61 (race discrimination)