Representative Cases for Employment Litigation and Counseling
Clients rely on us to aggressively defend them when faced with employment claims and, where necessary, try employment cases to verdict. We also counsel our clients on how to avoid employment-related litigation.
Because we understand the unique legal, economic and emotional nature of employment cases, we establish and maintain close working relationships with our clients, their insurance carriers and in-house or private counsel. We have successfully defended public and private employers in various state and federal jurisdictions, before administrative bodies and in arbitration against claims involving:
- wrongful termination
- contract disputes
- wage and hour violations
- Family Medical Leave Act
- restrictive covenants
- sexual harassment
- hostile work environment
- Employee Retirement Income Security Act
- employee privacy issues, such as drug testing and search policies
- Americans With Disabilities Act
- state, federal and constitutional “whistleblower” laws.
We are well prepared to try cases that clients “need to try” and have obtained defense verdicts in the vast majority of discrimination cases that have gone to verdict. Nevertheless, we always defend employment cases with an eye toward winning at the summary judgment stage – where we have had notable successes.
Employment litigation often involves large amounts of electronically stored information (ESI). We are adept in managing and assessing ESI, as well as protecting our clients from spoliation claims.
LCBF also provides training for our clients’ employees, supervisors and managers regarding discrimination and harassment laws and the proper procedures in handling complaints, including reporting, investigating and disciplining, pursuant to the clients’ employee handbooks. We also assist and advise clients in creating employee handbooks and training programs to prevent claims.
Muro v. The MITRE Corp. et al., MON-L-4046-11 (N.J. Super. Monmouth County) (awarding defendants $150,000 in counsel fees and $118,000 for costs and forensic/electronic data expenses after dismissal of plaintiff’s claims under New Jersey Law Against Discrimination and Conscientious Employee Protection Act based upon alleged electronic communications, where, through forensic computer investigation, LCBF demonstrated that plaintiff had fraudulently modified electronic communications and intentionally deleted records)
Nettles v. SUNY, No. 07-cv-5302 (LDW) (E.D.N.Y. 2010) (directed verdict where plaintiff alleged race discrimination and retaliation pursuant to 42 U.S.C. § 1983, Title VII of the Civil Rights Act of 1964, and New York Executive Law §§ 290 et seq. for failing to investigate and respond to plaintiff’s complaint of discriminatory treatment in the workplace and retaliating against him for filing a charge of discrimination with the State’s Division of Human Rights)
McGuinn v. LifeCell Corp. (defense verdict in arbitration dismissing an executive officer's race and gender discrimination claims)
Fares v. Norfolk Southern Corp., No. 03-cv-5267 (D.N.J. 2008) (granting client’s motion for summary judgment and dismissing a hostile work environment claim based on numerous alleged incidents of post-9/11/01 harassment against a Muslim plaintiff by his co-workers)
Dickenson v. Foodtown Supermarkets, No. ESX-L-1503-06 (N.J. Super. Ct. Essex Co. 2008) (defense verdict in a claim brought by plaintiff/employee alleging discriminatory (race and national origin) treatment and retaliatory discharge against his employer)
Cook v. Deloitte & Touche, LLP, 2005 WL 2429422 (S.D.N.Y. 2005), aff'd, 198 Fed. Appx. 107 (2d Cir. Sept. 27, 2006) (granting client summary judgment dismissing claims under Americans with Disabilities Act; later affirmed on appeal)
Mitchell v. National Railroad Passenger Corp., 407 F.Supp. 2d 213 (D.D.C. 2005) (granting client’s motion for summary judgment on the plaintiff’s age and perceived disability discrimination claims)
Turk v. Shop Rite of Carteret et al., No. MID-L-9217-02 9 (N.J. Super. Middlesex Co. 2005) ($60,000 verdict inclusive of attorney’s fees in age discrimination and assault and battery lawsuit against employer and employees)
EEOC v. Deloitte & Touche, LLP, 2000 WL 1024700 (S.D.N.Y. 2000) (granting, in case of first impression, client's motion, in the alternative, to dismiss and for summary judgment dismissing plaintiff's claims under Americans with Disabilities Act)