dcsimg Employment Litigation

Employment Litigation

Accomplishing clients’ goals while avoiding litigation is our primary objective. However, when litigation is inevitable, our team is comprised of seasoned trial lawyers, here to vigorously defend your interests. Examples of the types of claims typically handled by our group include:

  • Age, Race, Sex, Religious, National Origin and Disability Discrimination
  • Defamation
  • Disability Access and Accommodation
  • Employment-Related Constitutional Issues
  • ERISA and Employee Benefits
  • Invasion of Privacy
  • Malicious Prosecution/Abuse of Process
  • Mass Layoffs
  • Negligent Hiring and Retention
  • Negligent and Intentional Infliction of Emotional Distress
  • Negligent Supervision
  • Non-Compete Enforcement/Defense
  • OSHA/Safety
  • Retaliation
  • Sexual and Other Harassment
  • Unfair Competition and Trade Secrets
  • Wage and Hour Compliance
  • WARN and Reductions in Force
  • Whistleblower Claims
  • Wrongful Discharge

The Right Team

We also assemble the right team for clients. We provide lean and aggressive staffing, in part because our deep bench strength and technological resources allow us to share the resources of the firm quickly and efficiently. Our technology allows us to conduct on-the-spot research, review sensitive employer communications on a moment's notice, and stay in the field longer. We also have extensive e-discovery capabilities that allow us to review, classify, tag and utilize electronic data quickly and cost effectively.

The Right Experience

We’re skilled at filing and arguing motions designed to terminate litigation early, thereby saving clients money. Some cases, however, cannot be resolved on a motion to dismiss or a motion for summary judgment. When that occurs, many national firms steer their clients towards settlement. At McGuireWoods, we pride ourselves on our trial experience in state and federal court and before juries, judges, mediators and administrators. We also have the talent and skill to take cases to a verdict when settlement is not in our client’s best interests.

That’s why Corporate Counsel magazine named McGuireWoods a "Go-To” law firm, highly valued by Fortune 500 clients. Of the 900 firms surveyed, we ranked 12th in labor and employment and 10th in litigation.

Results 1-20 of 28
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Employer

Obtained a directed verdict in an age discrimination case in federal court in Milwaukee after plaintiff presented his case to the jury.
Representative Matter

Employer

Obtained a jury verdict in a Family Medical Leave Act case in federal court in Detroit.
Representative Matter

Employer

Effectively tried an OSHA whistleblower case to verdict in a state court bench trial in Virginia.
Representative Matter

Employer

Effectively opposed class certification in a class action brought by 13 named plaintiffs on behalf of a putative class of approximately 200 others. The plaintiffs alleged discrimination with respect to terms and conditions of employment, as well as a pattern and practice discrimination and a hostile work environment.
Representative Matter

Technology company

Obtained summary judgment for a technology company against 56 former employees seeking severance benefits, statutory penalties and damages for alleged discrimination.
Representative Matter

Fortune 300 mutual life insurance company

Member of national litigation counsel panel for Fortune 300 mutual life insurance company's ERISA and individual disability policy lawsuits.
Representative Matter

Global paper and packaging company

Defense of a global paper and packaging company in disability retirement benefit and pension benefit claims throughout the United States, including in North Carolina, South Carolina, Georgia, Alabama, Arkansas, Connecticut, Ohio, Pennsylvania, Oregon, Washington and Texas.
Representative Matter

Fortune 100 financial institution

Serving as co-lead national counsel to Fortune 100 financial institution for its single-plaintiff employment litigation in Virginia, West Virginia, North Carolina, South Carolina, Pennsylvania, Ohio, Indiana, Arkansas, Oklahoma, Texas, New Mexico, Arizona and California.
Representative Matter

Fortune 100 financial institution

Defense of Fortune 100 financial institution against OFCCP allegations that the company engaged in a pattern or practice of intentional discrimination against all African-American candidates for employment in certain job groups.
Representative Matter

Health system

Representation of a health system against the appeal of a long term employee to the NY State Appellate Division 3rd Department concerning the denial of unemployment benefits. Favorable settlement.
Representative Matter

Former Executive Director of a regional transportation authority

Representation of former Executive Director of a regional transportation authority in the defense of a case alleging violation of First Amendment rights under 42 U.S.C. § 1983 and violation of the Illinois Whistleblower Act. The plaintiff, a former attorney of certain pension plans and 401(k)s, alleged that his representation was terminated because he reported pension funding shortfalls and statutory violations. After filing both a motion to dismiss and a motion for sanctions the court dismissed all claims against our client and ordered full briefing on the Rule 11 sanctions motion. Matter settled, our client agreed to withdraw his motion for sanctions and the plaintiff agreed to entry of judgment in favor of our client and to waive any right to appeal.
Representative Matter

Workforce solutions and services provider company

Representation of a workforce solutions and services provider company in the defense of class action brought by temporary services employee alleging violations of California wage and hour laws. The court granted our client summary judgment on plaintiff’s claim for waiting time penalties under Cal. Lab. Code § 201.3 for late payment of weekly wages on the basis that there is no private right of action for such a claim. The court also held, as we argued, the date of mailing such wages constitutes the date of payment, and not the date of receipt by the employee by mail, as long as the mailing occurs on or before the regular weekly payday.
Representative Matter

A Fortune 100 financial services company

Representation of Fortune 100 financial services company in age and gender discrimination claims in a case where a 70-year-old female plaintiff was replaced by a person in her thirties and all decision-makers were male. Obtained summary judgment.
Representative Matter

Fortune 100 financial institution

Representative Matter

Fortune 100 financial institution

Representation of Fortune 100 financial institution in obtaining summary judgment in a case claiming discrimination, interference and retaliation under the Americans with Disabilities Act, the Family and Medical Leave Act and the Texas Commission on Human Rights Act related to plaintiff's termination for poor performance.
Representative Matter

Port terminal operator

Representation of a port terminal operator in an age discrimination action in the U.S. District Court for the Southern District of Texas and obtained full summary judgment.
Representative Matter

One of the world's largest grocery retailers

Managing in-house counsel in proceedings determining constitutional due process limits on punitive damages awards in multi-plaintiff sexual harassment case.
Representative Matter

One of the world's largest grocery retailers

Managing in-house counsel in proceedings applying Federal Arbitration Act to state court proceedings to compel arbitration of employment-related claims.
Case Study

Federal court upholds constitutionality of exclusive provider status for Manpower

McGuireWoods recently obtained dismissal of a constitutional challenge to a contract awarded to McGuireWoods' client Manpower. Manpower won a contract from the State of South Dakota which designated Manpower as the exclusive staffing provider to South Dakota’s WINS program. The WINS program is designed to attract out of state workers to South Dakota, where there is a shortage of skilled labor. South Dakota businesses who qualify for the program are permitted to use Manpower to search for out of state workers for a state-subsidized placement fee. The state also provides Manpower with a stipend to start up the program. more >>

Representative Matter

Religious Association

Representation of a religious association in alleged termination based on race.
Results 1-20 of 28
Results 1-25 of 57
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Amanda Abshire Amanda West Abshire
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2196
F: +1 704 444 8764
vCard
Sabrina A Beldner Sabrina A. Beldner
Senior Counsel
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 956 3419
F: +1 310 956 3119
vCard
Sarah A Belger Sarah A. Belger
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5350
F: +1 703 712 5299
vCard
Austin F Breen Austin F. Breen
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8963
F: +1 704 353 6198
vCard
Pamela J Butler Pamela J. Butler
Counsel
300 North Third Street
Suite 320
Wilmington, NC 28401-4099

T: +1 910 254 3829
F: +1 910 254 3830
vCard
Scott S Cairns Scott S. Cairns
Partner
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +1 904 798 3223
F: +1 904 798 3261
vCard

T:+44 20 7632 1600
F: +44 20 7632 1638

Phillip Chang Phillip C. Chang
Associate
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1725
F: +1 202 828 2995
vCard
Robyn S Gray Robyn Gray Davis
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1227
F: +1 804 698 2138
vCard
Michael J DiMattia Michael J. DiMattia
Partner
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 7009
F: +1 212 715 2312
vCard
Susan Pyle Dion Susan Pyle Dion
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8951
F: +1 704 353 6162
vCard
Kevin Duddlestein Kevin M. Duddlesten
Partner
2000 McKinney Avenue
Suite 1400
Dallas, TX 75201

T: +1 214 932 6419
F: +1 214 273 7484
vCard
Mathew D. Dudek
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8113
F: +1 312 698 4517
vCard
Edward M Eakin III Edward M. Eakin III
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1153
F: +1 804 440 7730
vCard
Ronda Brown Esaw Ronda Brown Esaw
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5392
F: +1 703 712 5251
vCard
Jessica D Fegan Jessica D. Fegan
Associate
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1728
F: +1 202 828 3328
vCard
Brad A Funari Brad A. Funari
Partner
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 412 667 7988
F: +1 412 667 7976
vCard
Susan L Germaise Susan L. Germaise
Partner
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8239
F: +1 310 956 3139
vCard
Philip A Goldstein Philip A. Goldstein
Counsel
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 2167
F: +1 212 548 2150
vCard
David L Greenspan David L. Greenspan
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5096
F: +1 703 712 5214
vCard
Sarah Nichols Sarah N. Heffron
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8253
F: +1 312 920 0330
vCard
James J Hendrickson II James J. Hendrickson II
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 3546
F: +1 312 698 4559
vCard
Robert F Holland Robert F. Holland
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4718
F: +1 804 225 5412
vCard
Richard Holzheimer Richard Dean Holzheimer Jr.
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5087
F: +1 703 712 5254
vCard
Halima Horton Halima Horton
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5715
F: +1 404 443 5765
vCard
Justin D Howard Justin D. Howard
Partner
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 755 6685
F: +1 919 755 6586
vCard
Results 1-3 of 3
Event

Managing Employees in Extraordinary Circumstances

April 18, 2013
London
United Kingdom
Event

California Employment Law Developments

December 5, 2012
Complimentary Webinar
Results 1-3 of 3