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John E. Thomas, Jr. Partner

Tysons T +1 703 712 5407 F fax +1 703 712 5217
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John is a trial lawyer who represents businesses in disputes involving misappropriation of trade secrets, covenants not to compete, breaches of contract, whistleblower retaliation, defamation, wage-and-hour laws, leave laws, and discrimination statutes.  In addition to resolving disputes through litigation, arbitration, and mediation, he also counsels employers through complex employment-related issues involving high-profile terminations, large-scale reductions in force, and sensitive negotiations.

Representative clients include those in defense, healthcare, education, community property management, wastewater management, and legal industries.

John is the past elected co-chair for the Labor & Employment section of the Fairfax Bar Association. He is the author of An Employer’s Guide to D.C. Employment Statutes, a comprehensive online guide to help companies navigate Washington, D.C.’s complex employment laws.

Prior to joining McGuireWoods, John served as special assistant U.S. attorney in the U.S. Attorney’s Office for the District of Columbia and as pro se law clerk for the Honorable M. Hannah Lauck of the U.S. District Court for the Eastern District of Virginia.

John is an active member of his community. He currently serves on the Board of Directors for the National Register of Health Service Psychologists and the Workhouse Arts Foundation, and he sits on the Fairfax Local Access to Justice Commission. Previously, he served as President of the Board of Directors for the Tysons Corner Children’s Center, a local nonprofit, he is the past Secretary for the Board of Trustees for the Kiwanis Foundation of Tysons Corner/McLean, and he has served as a mentor with the Leadership Council on Legal Diversity (LCLD) for law students to help foster inclusivity in the profession. He is a recipient of the McGuireWoods Excellence Award for his pro bono contributions and the National Boy Scouts of America Distinguished Service Award.

Experience
  • Obtained victory in U.S. Court of Appeals for the Fourth Circuit for large information technology government contractor in age discrimination and retaliation claims made by former executive.
  • Obtained judgment at trial in the Fairfax County Circuit Court in favor of large association-management company in claim by former executive for breach of contract.
  • Obtained judgment in favor of publicly traded corporation on claim by former salesperson of breach of contract for unpaid commissions in an arbitration applying D.C. and Maryland law.
  • Obtained summary judgment in the U.S. District Court for the Eastern District of Virginia in favor of large government contractor on claims of age discrimination and retaliation made by former executive.
  • Obtained summary judgment in the U.S. District Court for the Eastern District of Virginia in favor of large government contractor on a former employee’s claims of disability discrimination.
  • Obtained unanimous win in the Supreme Court of Virginia in dispute regarding pleading standard for claims of attorneys’ fees.
  • Obtained preliminary injunction in the Fairfax County Circuit Court in favor of large government contractor against former executive for misappropriation of trade secrets and breach of restrictive covenants, and successfully defended the injunction on review before the Supreme Court of Virginia.
  • Obtained summary judgment in the U.S. District Court for the Eastern District of Virginia in multi-plaintiff wage-and-hour lawsuit against large government contractor.
  • Obtained summary judgment in the U.S. District Court for the Eastern District of Virginia for publicly traded corporation involving allegations by former executive of disability discrimination.
  • Represent companies in sensitive investigations conducted by government agencies involving wage-and-hour, leave-law, and employment retaliation risks.
  • Obtained victory in disability discrimination case filed in the Eastern District of Virginia against large government IT contractor resulting from physical and mental injuries sustained in Iraq.

Events

  • Speaker, "Top Ten Employment Issues for the Construction Industry," Construction Industry Challenges 2023, May 24, 2023
  • Keynote Presenter, "Weed in the Workplace - A Marijuana Roundup," Employee Mobility, Argyle, April 21, 2022
  • Speaker, Virginia Workplace Marijuana Laws and Navigating Human Rights Policy Changes, Webinar, September 17, 2021
  • Speaker, Weed in the Workplace, June 10, 2021
  • Speaker, "Advanced Employment Law Topics," Northern Virginia Chapter of the Society of Human Resources Management (SHRM), January 25, 2019
  • Presenter, "Employee Mobility," Northern Virginia SHRM Legal Academy, March 23, 2017
  • Guest, "New Overtime Regulations to Affect Millions of Workers," New Overtime Regulations to Affect Millions of Workers, May 19, 2016
  • Guest, "FMLA Updates Regulations to Include Same-Sex Spouses Regardless of Employee’s Residency," In the Workplace, Wharton Business Radio, Sirius XM, March 12, 2015
  • Presenter, 2014 Employment Law Update, October 17, 2014
  • Guest, "Re-Thinking Criminal Background Checks," In the Workplace, Wharton Business Radio, SiriusXM, September 11, 2014
  • Guest, "EEOC Enforcement Guidance Regarding the Pregnancy Discrimination Act," In the Workplace, Wharton Business Radio, SiriusXM, July 24, 2014
  • Speaker, Confronting Ethical Issues in the Criminal Justice System, George Mason University, November 18, 2013
  • Speaker, Facing Ethical Dilemmas as an Attorney, Washington & Lee University School of Law, February 28, 2013
  • Speaker, “Banning the Box”: How Your Company’s Job Application is Catching the EEOC’s Attention, Tysons Labor & Employment Law Group Luncheon, December 5, 2012

Insights

  • Selected for inclusion in Best Lawyers: Ones to Watch, Litigation – Labor and Employment, 2022-2025
  • Named to “Virginia Legal Elite,” Labor/Employment Law, Virginia Business, 2023, 2024
  • Selected for inclusion in “Legal 500 United States,” Labor and Employment – Disputes (including Collective Action): Defense, 2022

Spotlight

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