Employment Disputes

Overview

We are proud to defend employers in courts and tribunals across the nation in the full spectrum of employment litigation, ranging from complicated contract and fiduciary disputes with former executives and key employees to discrimination, harassment and retaliation claims to wage and hour disputes to challenges to complex workforce reorganizations. Our trial lawyers have extensive experience litigating disputes under all of the major employment statutes, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, and the Fair Labor Standards Act, as well as under all forms of state laws governing the employment relationship. More than simply knowing the law, we understand that litigation is a business problem. We work every day to provide prompt and practical advice designed to further our client’s business goals, whether that means vigorously taking a case to trial or developing a strategy to settle a dispute on the best possible terms.

First and foremost, we are accomplished trial lawyers who are comfortable defending our clients’ interests in the courtroom. We strive to understand and take early command of the facts to present a compelling story first to our adversary and our adversary’s counsel and then to the court and, depending on the case, to the jury. With attention to detail and command of the law, we also are keenly focused on ways to take a case out of a jury’s hand through early dismissal. We are at home in the courtroom, having tried cases and handled complex disputes in virtually every state in the country and beyond. We stand ready and able to assist employers whether they face an age discrimination case in Pennsylvania, an executive termination dispute in Texas, or a wage and hour claim in California. We also have particular experience representing clients in the energy, food services, healthcare, manufacturing and pharmaceutical industries.

While always ready for the challenges of the courtroom, we recognize that disputes are often won or lost before a lawsuit is ever filed. Accordingly, we are very experienced handling or advising on complex internal investigations into harassment and retaliation allegations, as well as violations of corporate codes of conduct and potential corporate malfeasance. We also guide employers through investigations and audits initiated by all agencies that regulate the workplace, including the Equal Employment Opportunity Commission, Department of Labor and Internal Revenue Service. Our goal in any pre-litigation dispute is not only to avoid any liability or damages for our client, but also to minimize the often significant impact that litigation can have on a business’ finite resources. We are particularly proud of our track record in helping our clients avoid widespread governmental investigations and potential class or collective actions by recognizing and solving problems early.

Our attorneys have particular expertise representing international corporations manage their risks in a legal system very different to those abroad. Combined with our Employer Counseling practice, we develop proactive strategies to ensure that our international clients understand the risks of operating business across borders and develop ways to minimize their “road team disadvantage.”

Additional Specialties

  • We routinely represent directors and officers in litigation arising out of their corporate duties and responsibilities, including in derivative and class actions arising out of tender offers, going private transactions, mergers and acquisitions, securities issues, creditor or trustee claims in bankruptcy, shareholder demand letters and Special Committee investigations. We also assist corporations, directors and officers, and insurance companies with coverage issues related to director & officer (D&O) policies and we work closely with D&O insurance carriers.

Experience

  • Defended a national medical transcription company in a putative class action in federal court in California alleging numerous violations of state and federal wage and hour laws, securing a dismissal with no monies paid.

  • Represented the Board of Directors of a financial institution in connection with an internal investigation of the client’s Chief Executive Officer regarding complaints of discrimination and harassment, completing the investigation and advising the client regarding appropriate action without claims being asserted by the complainant or the CEO.

  • Successfully represented US Mammo, LLC in an unlawful competition and business divorce dispute, obtaining favorable settlement.

  • Conducted an internal investigation regarding allegations of racial discrimination against a chief executive of a national equipment rental company.

  • Defended a leading wholesale distributor of petroleum products in several lawsuits by company executives alleging wrongful termination and breach of employment agreements.

  • Represented a distributor of durable medical equipment in connection with an internal investigation of allegations of sexual harassment against a senior executive.

  • Represented a national pipeline company in the restructuring of its twenty-plus state workforce, including providing management training, risk analysis, and handling all transactional aspects of the restructuring, including for the company’s union and non-union workforce. As trial counsel, the firm then secured summary judgment in favor of the company company against an age discrimination claim flowing from the restructuring, with the trial court specifically commenting that the process for implementing the restructuring was fair, non-discriminatory and undertaken in good faith. This ruling was then affirmed by the Sixth Circuit Court of Appeals.

  • Represented a regional energy provider in connection with an internal investigation of multiple complaints of gender bias against several executives, working in tandem with the company’s internal ethics compliance team.

  • Successfully represented a regional heating and air conditioning company in defending against breach of contract and fiduciary duty claims filed by a former executive who was alleging diminution in his ownership interests following his departure to form a competing enterprise.

Featured Headlines

Recognition

AGG’s Employment Practice has been recognized by Chambers USA, as has its entire Litigation Practice. Henry Perlowski and Ashley Kelly have also been recognized individually for their work in employment law on an annual basis.

 

Many of our attorneys have been recognized as Super Lawyers or Rising Stars, including Henry Perlowski, Ashley Kelly and Edward Marshall.

 

Henry Perlowski has been recognized annually as “Legal Elite” by Georgia Trend magazine.

 

Henry Perlowski has been named the Co-Chair of the Trade Secrets, Employee Mobility and Restrictive Covenants Group within the Employment Law Alliance.

News & Insights