Employment Litigation

McGuireWoods’ seasoned trial lawyers take the time to understand our clients’ businesses and industries and this approach to partnering sets us apart. Our employment litigators frequently serve as clients’ national or regional class action counsel defending Fair Labor Standards Act and wage and hour matters. We are skilled in obtaining summary judgment on behalf of clients. And, when cases cannot be resolved by dispositive motion, we offer superior trial and arbitration experience and the talent to take cases to a verdict or a merits award.

We handle 4,000 employment-related matters each year as well as national portfolios for hundreds of employment cases. Our employment litigation services range from single-plaintiff employment cases, often under alternative fee arrangements, to complex, high-stakes matters. We have successfully handled major Title VII class actions for Fortune 500 and other multinational clients, and have significant experience defending clients in nationwide and statewide collective and class actions brought under the FLSA and state wage and hour laws.

As national or regional FLSA / wage and hour class action defense counsel, we represent a Fortune 50 financial services institution, two national foodservice distribution companies, and two national trucking and logistics companies. We also have significant experience in trade secret litigation, Sarbanes-Oxley whistle-blower (qui tam) cases, noncompete litigation, and international employment law, among others.

We represent clients in every aspect of employment litigation, including:

  • Age, Race, Sex, Religious, National Origin, Sexual Orientation, Disability and Other Prohibited Discrimination
  • Defamation
  • Disability Access and Accommodation
  • Employment-Related Constitutional Issues
  • ERISA and Employee Benefits
  • Invasion of Privacy
  • Negligent Hiring and Retention
  • 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

Managing Large Portfolios of Employment Matters

McGuireWoods handles 4,000 employment-related matters each year and national portfolios with hundreds of employment cases, ranging from single-plaintiff statutory claims to class actions across the country. Our diverse group of first-chair trial attorneys has an outstanding record of success on behalf of our clients.

Dedicated e-Discovery Personnel and Support Staff

We maintain two off-site e-discovery facilities — one in Charlotte, N.C., and one in Richmond, Va. Our e-discovery team includes lawyers who devote their practices exclusively to discovery. That includes document review, ad hoc e-discovery advice, serving as full-scale national discovery counsel, and acting as record discovery counsel in pending litigation, handling all aspects of preservation, collection, review, production and privilege logs.  Based on the firm’s long track record in this area, clients often turn to McGuireWoods to structure their own in-house e-discovery programs.

 

Experience

  • REPRESENTATIVE MATTER

    Colonial Williamsburg Foundation Wins Summary Judgment in Gluten Discrimination Suit

    Representation of Colonial Williamsburg Foundation in a gluten discrimination case that generated national media attention. A Norfolk federal court granted summary judgment on the grounds that CWF was not required to modify its “no outside food” policy when a patron wanted to consume his own food inside the establishment. The court found that CWF provides adequate alternatives, including gluten-free meals, for customers with special dietary needs.

  • 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

    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

    Representation of a Fortune 100 financial institution in employment class action

    Representation of a Fortune 100 financial institution in a financial services employment class action concerning whether background check authorization forms administered to several hundred thousand job applicants complied with the Fair Credit Reporting Act (FCRA). We prevailed on all claims on summary judgment.

  • 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.

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