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 32
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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

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

Port terminal operator

McGuireWoods persuaded the U.S. Court of Appeals for the 5th Circuit to affirm a grant of summary judgment previously obtained by the firm on behalf of APM Terminals in an Age Discrimination in Employment Act (ADEA) lawsuit.
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

Multinational elevator maintenance company

Representation of a multinational elevator maintenance company against a former, long-term employee—an elevator maintenance and repairman—who alleged that the company violated the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law by terminating his employment. The plaintiff further alleged that his supervisor affirmatively engaged in and assisted the discrimination and was therefore liable as an aider and abettor. The Court granted the defendants' motion for summary judgment and dismissed the case.
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

Elevator maintenance company

Representation of an elevator maintenance company against allegations of breaching a contract that required it to pay for services related to obtaining discounts on workers’ compensation premiums. The plaintiff filed a summary judgment motion at the outset of the case, then withdrew the motion and dismissed the case after it received McGuireWoods’ opposition brief and the parties appeared before the Court for a conference.
Representative Matter

National discount retailer

Representation of a national discount retailer in religious discrimination, harassment and retaliation litigation. We obtained a nuisance-value settlement following plaintiff’s deposition and prior to plaintiff deposing defendants’ current and former employees.
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

Representation of a Fortune 100 financial institution in a disability discrimination case.
Representative Matter

County school board

Representation of county school board in a race discrimination and retaliation suit filed. Plaintiff claimed that the termination of his employment violated Title VII. After discovery and cross motions for summary judgment, the court denied the plaintiff’s motion and granted the defendants’ motion and dismissed the case. This matter is now on appeal to the Fourth Circuit Court of Appeals.
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

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.
Representative Matter

One of the largest wireless communications services providers in the United States

Representation of one of the largest wireless communications services providers in the United States in a lawsuit alleging retaliation in violation of Title VII and wrongful discharge in violation of North Carolina public policy. The judge entered an order dismissing the plaintiff’s case in its entirety, finding that the plaintiff failed to show facts establishing a prima facie case of retaliation, and that the plaintiff could not overcome defendant's legitimate nondiscriminatory and non-retaliatory reasons for her termination.
Representative Matter

A Fortune 100 financial services company

Representation of a Fortune 100 financial services company in a defamation claim. The plaintiff claimed defamation by a co-worker who had allegedly shared the grounds for her termination with a bank customer. The court found that the bank had conducted a thorough investigation into the circumstances that led to the plaintiff's termination and as part of that investigation had obtained a written statement from the plaintiff in which she incriminated herself.
Results 1-20 of 32
Results 1-25 of 62
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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
Joel Allen Joel S. Allen
Partner
2000 McKinney Avenue
Suite 1400
Dallas, TX 75201

T: +1 214 932 6464
F: +1 214 273 7488
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
Olga A. Bograd
Associate
2000 McKinney Avenue
Suite 1400
Dallas, TX 75201

T: +1 214 932 6431
F: +1 214 273 7492
vCard
Brennan W. Bolt
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5725
F: +1 404 443 5768
vCard
Seth Borden Seth H. Borden
Partner
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 2180
F: +1 212 715 2308
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
Brys Laura G. Brys
Counsel
633 West Fifth Street
Floor Sixty Seven
Los Angeles, CA 90071-2036

T: +1 213 457 9842
F: +1 213 457 9881
vCard
Scott S Cairns Scott S. Cairns
Partner
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

T: +1 904 798 3223
F: +1 904 798 3261
vCard
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
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

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
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
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
Richard B. Hankins
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5727
F: +1 404 443 5767
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
Counsel
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 3546
F: +1 312 698 4559
vCard
Melissa Hensley Melissa M. Hensley
Senior Counsel
2000 McKinney Avenue
Suite 1400
Dallas, TX 75201

T: +1 214 932 6443
F: +1 214 273 7491
vCard
Robert F Holland Robert F. Holland
Counsel
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4718
F: +1 804 225 5412
vCard
Results 1-3 of 3
Event

California Employment Law Developments

December 5, 2012
Complimentary Webinar
Results 1-3 of 3
Results 1-20 of 20
Results 1-20 of 20