An Aggressive and Strategic Approach to Litigation
Employment claims are some of the most common cases filed against businesses, regardless of size and regardless of industry. As new employment laws, rules, and regulations are introduced, particularly at the state and local levels, the volume of employment litigation is likely to increase substantially.
There are at least five major costs to an employer in litigating any employment claim: (1) the financial cost of the verdict, settlement, penalty, or assessment, as well as the employer’s legal fees; (2) distraction of personnel and operational disruption, which may negatively impact employee morale; (3) public relations, particularly in cases involving claims of discrimination or harassment; (4) damage to the employer’s related businesses; and (5) cancelation or delay of contemplated business transactions, such as mergers or acquisitions, or in the case of early-stage companies, funding in the form of outside investment.
Applying standard litigation tactics to an employment lawsuit can be disastrous. For instance, because of the fee-shifting rules applicable to certain employment claims, engaging in protracted discovery or unnecessary motion practice can substantially increase the employer’s liability, whether the case proceeds to trial or settles. It can also result in the employer paying unnecessarily high legal fees to its attorneys. Or, as another example, filing counterclaims against an employee may result in additional claims for illegal retaliation. Therefore, what is necessary in employment litigation is an aggressive, but also highly strategic and nuanced approach. This requires counsel who is not only familiar with litigation, but also with the underlying substantive employment law.
Because of our exclusive focus on employment law, we are uniquely well-suited to pursue our clients’ objectives in litigation and to make strategic judgments at the outset of the case that may ultimately result in significant cost and time savings.
We represent employers in state and federal courts, before governmental agencies, and in alternative forums, such as arbitration mediation, in cases involving:
- Harassment, including sexual harassment;
- Discrimination, including on the basis of race and gender;
- Hostile work environment;
- Retaliation including for reporting discrimination or harassment;
- Failure to pay wages, including overtime;
- Non-compliance with prevailing wage laws;
- Misclassification of employees as independent contractors;
- Theft of confidential information, including trade secrets;
- Breach of non-competition and non-solicitation agreements;
- Failure to accommodate disabled or seriously ill employees;
- Violation of local laws, rules, and regulations, such as the New York City “Salary History Law,” the New York City Earned Sick Time Act or “Paid Sick Leave Law,” the New York City Fair Chance Act, and the New York State Paid Family Leave Law.