Employment Litigation

Representing employers in the litigation, negotiation and arbitration/ADR of employment-related disputes is a longtime Day Pitney strength and a cornerstone practice of our firm. Our employment litigators not only have outstanding trial records but also have the proven ability to help clients solve problems in innovative, cost-effective ways before litigation becomes an option.

No matter what employment-related dispute confronts your company, it is likely that we have solved a similar problem. Our recent cases have included class actions alleging race and sex discrimination in hiring, job placement, promotion, discipline and working conditions, covenants not to compete and trade secret theft, whistleblowers of all stripes including those making claims under Sarbanes-Oxley, and wage and hour and ERISA individual and class-action claims. We also have addressed emerging issues such as image discrimination and employee privacy. With more than 50 employment litigators across the firm, we have the resources and depth to mount a rapid, effective response. 

Employment Discrimination
A principal area of practice is the defense of employment discrimination suits. We represent management in discrimination actions of all kinds, including claims alleging age, race, gender, national origin, religion and disability discrimination. In our clients' defense, we regularly appear before federal and state courts and administrative agencies. 

Day Pitney is a firm with the experience to prevail in these sensitive and often complicated cases. We have tried or otherwise resolved thousands of discrimination cases across the country for employers in various industries, from small, privately held companies to large, multinational public companies. 

Non-Competition Disputes
Our lawyers regularly handle non-competition agreement controversies, which frequently involve an immediate need for swift action either to prevent the breach of a non-competition agreement or to defend against allegations that our clients' actions violate such an agreement. Day Pitney's team is ready to devote immediate attention when this kind of dispute arises, and aggressively approaches the matter without losing sight of the premium that many clients place on finding a quick, practical solution.

Representative Matters

  • Defended ERISA class actions, including a seven-and-a-half-month case in which hundreds of long-term contract workers claimed entitlement to pension, savings plan, medical and dental benefits that had been provided to company employees, resulting in dismissal of class allegations and arbitration of named plaintiffs' claims.
  • Obtained summary judgment on a multiple-plaintiff age discrimination case by defeating plaintiffs' broad-based attack on the validity of the release of claims that each plaintiff had signed at the time of layoff.
  • Obtained a defendant's verdict after a three-week trial in a disability discrimination and retaliation case involving a current employee of a Fortune 50 telecommunications company.
  • Obtained a summary judgment for a Fortune 100 company against two plaintiffs making ERISA claims under a top hat plan.
  • Obtained the dismissal of more than 60 claims that toxic workplace exposures caused cancer in employees.
  • Negotiated a favorable settlement of a 170-member putative class/collective action alleging wage and hour violations under state and federal law.
  • Representing an international bank and its insurers in connection with several claims relating to hazardous exposure by construction workers and others working for contractors performing post-9/11 cleanup in the World Trade Center environs.
  • Obtained a summary judgment, which was affirmed by the First Circuit on appeal, on state and federal overtime claims by a former outside salesperson at a Fortune 100 company.
  • Negotiated a favorable settlement of disability discrimination claims by plaintiff who had been laid off in a reduction in force.
  • Obtained the dismissal of a Sarbanes-Oxley whistleblower claim by OSHA for a Fortune 50 manufacturer.
  • Litigated numerous OSHA matters in OSHRC and federal court of appeals proceedings, including industrial death cases, failure to abate and enforcement actions.
  • Conducted multidisciplinary (OSHA, environmental, criminal) defense, including, in one case, a seven-and-a-half-month trial, of companies and individual managers facing criminal and civil sanctions incidental to alleged federal and state law non-compliance.

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Peer Reviews

  • 4.8/5.0 267 reviews
  • Legal Knowledge

    4.8/5.0
  • Analytical Capability

    4.8/5.0
  • Judgment

    4.8/5.0
  • Communication

    4.8/5.0
  • Legal Experience

    4.8/5.0

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Client Reviews

  • 4.5/5.0 11 reviews
  • 91% client recommended 10 recommendations
  • Communication

    4.7/5.0
  • Responsiveness

    4.5/5.0
  • Quality of Service

    4.3/5.0
  • Value for Money

    4.3/5.0

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Diversity

Diversity and inclusion are core Firm values at Day Pitney. We embrace diversity because we appreciate the reality of a multicultural world and have long understood the value of input and collaboration among professionals with varying perspectives. A multicultural approach leads to broader vision, innovation and creativity. This, in turn, better equips us to provide excellent service to our clients as our focus and dedication to diversity allows the Firm to achieve meaningful, lasting and sustainable results. While we are proud of what the Firm has achieved over the years, the challenge to build on those accomplishments continues. There is still much to do. We remain committed to supporting diversity and contributing to the creation of a profession that more accurately reflects the world in which we live. We do that by encouraging and respecting varying perspectives within the Firm and in the communities in which we practice.

Day Pitney’s diversity and inclusion initiatives not only foster collaboration and mutual respect within our Firm, but also extend outward, into the communities we serve. Our attorneys are committed to enhancing and celebrating diversity in our neighborhoods. Through the Firm’s community outreach efforts, Day Pitney hopes to encourage more women and minorities to enter the legal profession.

Here is an overview of some of our recent community programs aimed at assisting individuals and organizations serving traditionally underserved populations:
  • Through the joint efforts of the Firm's Diversity Committee and Women Working Together (WWT®) program, attorneys in our Florham Park office have been working to foster a relationship with St. Vincent Academy, a college preparatory school for young women of diverse and often politically, socially and economically underrepresented cultures. The students come from various religious backgrounds. Ninety-eight percent of the students are persons of color, and ninety-five percent go on to attend college. Each year before the beginning of the school year, we conduct a back-to-school supply drive to collect donations for the students at St. Vincent. Our attorneys are also working with the school to bring law related programs to the students. 
  • Attorneys in our Hartford office regularly participate in Habitat for Humanity Programs to help socially and economically underrepresented individuals reach the dreams of homeownership. 
  • The Firm is a sponsor of the New Jersey Chapter of the American Conference on Diversity’s annual Diversity Stride, a walk aimed at raising money to fund diversity-related programs for high school students in New Jersey. 
  • All offices annually participate in the Susan G. Koman walk in order to raise money to fight breast cancer. 
  • Day Pitney attorneys have contributed funding, time and pro bono legal services to the Urban League of Greater Hartford, in furtherance of the League’s efforts to “promote the self-empowerment of individuals in the CT Capital Region to achieve educational, occupational and economic equality for themselves and their families.”
  • As a founding member of the New Jersey Law Firm Group (NJLFG), the Connecticut-based Lawyers Collaborative for Diversity (LCD), and the Boston Lawyers Group (BLG), Day Pitney actively supports each organization’s common mission of increasing diversity in the legal profession. Each year, Day Pitney attorneys volunteer to serve as mentors to minority law students through programs coordinated by these three organizations. The Firm also hosts several roundtable discussions on various topics relevant to diversity for these organizations in New Jersey, Connecticut and Massachusetts and participates in BLG and NJLFG job fairs.
In addition to the programs listed above, the Firm’s Summer Apprentices are also invited to organize community service efforts. The Summer Apprentices in each office traditionally choose a community service outreach program meaningful to them and dedicate their time to the community at-large.
 
In large part due to efforts such as these Day Pitney continues to make great strides in supporting diversity initiatives in our neighborhoods.
Day Pitney is committed to fostering an inclusive environment for people of diverse backgrounds at all levels. We continue to strive to provide challenging opportunities, meaningful guidance, and positive incentives to assist our professionals in achieving their greatest potential. In doing so, our goal is ultimately to create advantages out of our differences and to achieve richer, broader goals.
  • Day Pitney is the 2009 recipient of the Fifth Annual Edwin Archer Randolph Diversity Award from The Lawyers Collaborative for Diversity
  • Lynn Baronas, Director of Professional Development, Diversity & Legal Recruiting, nominated for the 2008 advocate of the year award by the Connecticut Minority Suppliers Diversity Council 
  • Recognition from the Urban League of Greater Hartford, Inc. as an "Urban Sponsor" in its 2007 Black History Award Celebration
  • Co-Managing Partner, Jim Sicilian, received a 2007 Human Relations Award for leadership in civic and community affairs by the National Conference for Community and Justice of Connecticut and Western Massachusetts, Inc. 
Day Pitney’s commitment to diversity extends to its recruitment efforts in connection with its summer apprenticeship program. We recruit law students for our summer programs from several minority job fairs and diversity initiatives, including the Philadelphia Area Minority Job Fair, the North East Black Law Student Association Job Fair, the Hispanic Bar Association Job Fair, the Rutgers University Newark Minority Student Program and the University of Connecticut School of Law Cultural Diversity Initiative. We are pleased to report that minority law students comprised forty-three percent of our 2008 summer class and forty-one percent of our 2007 summer class.

Day Pitney believes that diversity is not only crucial to creating a dynamic and cohesive summer apprentice class, but is also important to creating a rich and realistic professional experience for all of our summer apprentices. To that end, the summer program includes activities that expose all of our summer apprentices to a wide range of cultures and backgrounds within the Day Pitney family and in the communities where we practice.
 
For more information about diversity, please contact Edgardo Ramos, Chair of the Diversity Committee at [email protected] or Peter Wilson Jr., Director of Diversity and Legal Recruiting at [email protected]

Diversity Statistics

 
Minority Males
Minority Females
Partners
4.41%
(6 of 136)
10.34%
(3 of 29)
Associates
17.33%
(13 of 75)
18.57%
(13 of 70)
Of Counsel
0.00%
(0 of 22)
-
(0 of 0)
Other Lawyers
7.89%
(3 of 38)
23.81%
(5 of 21)
Paralegals
10.00%
(2 of 20)
4.41%
(3 of 68)
Marketing Professionals
0.00%
(0 of 2)
10.00%
(1 of 10)
Technology Professionals
38.10%
(8 of 21)
0.00%
(0 of 12)
Librarians
40.00%
(2 of 5)
14.29%
(1 of 7)
Finance Professionals
0.00%
(0 of 7)
40.00%
(6 of 15)
Human Resources Professionals
0.00%
(0 of 1)
50.00%
(2 of 4)
Administrative Professionals
31.58%
(18 of 57)
20.15%
(55 of 273)