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:
o Shell Chemical, 128 LA 376 (Chapdelaine 2010) (termination grievance)
o Chevron Oronite Co., 129 LA 528 (Nicholas 2011) (contracting out of work grievance)
o Love v. Motiva Enterprises LLC, 349 Fed. Appx. 900 (5th Cir. 2009) (same sex, sexual harassment)
o Weber v. Motiva Enterprises LLC, 2012 U.S. Dist. LEXIS 155889, 10/31/12 (race discrimination)
o McClung v. Shell Chemical LP, 2012 U.S. Dist. LEXIS 138115, 9/25/12 (age, sex, and race discrimination)
o Marcella v. Ochsner Health System, 2011 U.S. Dist. LEXIS 120863, 10/19/11 (ERISA benefits)
o Altier v. Worley Catastrophe Response, et al., 2011 U.S. Dist. LEXIS 49429, 5/9/11 (FLSA joint employer)
o Hardy v. Shell Chemical LP, 2010 U.S. Dist. LEXIS 69380, 7/12/10 (age discrimination)
o Hypes v. First Commerce Corp., 134 F. 3d 721 (5th Cir. 1998) (ADA)
o Woods v. Delta Beverage Group, Inc., 274 F. 3d 295 (5th Cir. 2001) (sexual harassment)
o Wells ex rel. N.L.R.B. v. Brown & Root, Inc., 65 F.Supp. 2d 1264 (S.D. Ala. 1999) (NLRB Sect. 10j Injunction)
o Clark v. Acco Systems, Inc., 39,532 (La. App. 2 Cir. 4/6/05), 899 So.2d 783 (wrongful termination)
o Davis v. Hibernia Nat. Bank, 1998-1164 (La. App. 4 Cir. 2/24/99), 732 So.2d 61 (race discrimination)
Honors & Affiliations:
· AV Preeminent Peer Review Rating from Martindale-Hubbell
· Chambers USA - America's Leading Lawyers for Business - Labor & Employment, 2006-2013
· The Best Lawyers in America, 2005-2014
· Louisiana Super Lawyers, 2008-2013
· Super Lawyers, Corporate Counsel Edition - Employment & Labor, 2008-2012
· New Orleans Magazine's List of "Top Lawyers," 2004-2012
· New Orleans, Louisiana State, Federal and American Bar Associations - Member
· Defense Research Institute, Labor and Employment Section - Member
· New Orleans Speech and Hearing Center - Board of Directors, Past-President
· "Professionalism in the Labor and Employment Law World," Louisiana State Bar Association Labor and Employment Law Update 2011 Seminar, August 19, 2011
· "Labor and Employment Law Issues," Greater New Orleans Barge Fleeting Association River and Marine Industry Seminar, April 29, 2010
· "Internal Investigations and Whistleblowers," Liskow & Lewis Energy Law Seminar, Houston, Texas, November 10, 2005
· "Whistle-blowers and Management's Response," Liskow & Lewis Environmental Law Seminar, 2005
· "Ethics - Criminal Law and Employment Issues Arising Out of Casualties," Liskow & Lewis 2004 Oilfield Indemnity and Insurance Seminar
· "The Rise of Retaliation Claims In Employment Law," Loyola University School of Law Annual Labor and Employment Law Conference, 2004
· "Retaliation and Whistle-blower Claims: Potent Claims That Are Becoming More Popular," Louisiana State University Labor and Employment Seminar, 2004
· "Federal and State Whistle-blower and Retaliation Causes of Action," ABA Committee for Liaison with EEOC, OFCCP, and Department of Justice Seminar, 2003
· "Employment Claims You Didn't Know About," Loyola University School of Law Annual Labor & Employment Law Conference, 2003
· "Ethical Dilemmas When Employees Move Next Door," Liskow & Lewis Oil and Gas Law Seminar, 2003
· "Retaliation and Whistle-blower Claims," New Orleans Bar Association Recent Trends in Employment Law Seminar, 2003
· "Untangling the Confusing Web of Overlapping Leave and Disability Laws," Council on Education in Management Seminar, 2003
· "Implementing Policies and Practices That Comply With The FMLA and the Pregnancy Discrimination Act," Council on Education in Management Seminar, 2003
· "Preventing Wrongful Discharge, Retaliation, and Discrimination Claims Resulting From Discipline and Termination Issues that Intersect with the FMLA," Council on Education in Management Seminar, 2003
· "Retaliation and Reprisal: Potent Claims That Are Becoming More Popular," Loyola University School of Law Annual Labor and Employment Law Conference, 2002
· "They're Not Just Sex-Based Anymore: How To Cope With Race, Religion And Other Forms Of Harassment Claims," The Kullman Firm Management Workshop, 2000
· "Learning from Mistakes Other Employers have Made in the Past: How to Avoid the Jury's Wrath," The Kullman Firm Management Workshop, 2000
· "Developments Concerning Employee Medical Condition, Disabilities and Leaves," The Kullman Firm Employment Law Seminar, 1999
· "Compliance With The Americans With Disabilities Act," The Kullman Firm Human Resource Problems and Solutions Seminar, 1996
· Amendments to ADA Afford More Protection to Employees
· NLRB Continues to Define the Limits of an Employer's Ability to Control Employee Social Networking
· Liskow & Lewis E-Newsletter on the New Standard for Retaliation Claims Under Burlington Northern and Santa Fe Railway Co. v. White
· Liskow & Lewis E-Newsletter on 2006 Sheshunoff Decision Regulating Non-Competition Agreements in Texas
· Liskow & Lewis E-Newsletter on Vacation Policies and the Louisiana Wage Payment Act
· Liskow & Lewis E-Newsletter on the Window of Correction for Fair Labor Standards Act Violations