Labor & Employment

McGuireWoods offers clients access to over 60 labor and employment lawyers across the United States and Europe. Our clients include local, national and multinational employers – from small businesses to governmental entities and nonprofits to Fortune 500 companies. We cross borders, practices and industries in the United States and around the world, collaborating with colleagues and managing resources to deliver the highest value to clients. We counsel employers in every aspect of the employer/employee relationship, including federal, state and international law compliance; traditional labor issues; internal investigations; and executive compensation.

Our depth and experience crosses key areas of employment law, including wage and hour class and collective actions; large portfolios ranging from single-plaintiff statutory claims to systemic class actions across the country; traditional labor work; and OFCCP audits and counseling. We stand ready to support our clients where they need us.

We work with clients proactively to prevent, triage, defend and resolve internal and external workplace disputes, claims and litigation. We are also at the forefront of providing strategic advice and counsel dealing with the myriad employment issues arising from the ongoing COVID-19 pandemic. We collaborate with clients to deliver tailored employment services in the most flexible, efficient manner possible, which includes the use of alternative fee arrangements, value-added billing and retainers. If litigation proves inevitable, our team is ready to aggressively defend our clients from Family and Medical Leave Act (FMLA) disputes, federal and state civil rights and antidiscrimination claims, trade secret and employee raiding actions, and whistleblower and other suits. We also represent employers in a wide range of administrative proceedings, including on charges of discrimination filed with the EEOC and state and local human rights agencies, in DOL compliance checks and audits, and in proceedings before administrative forums and in federal and state courts.



    Labor and employment team bars plaintiff from recovering on judicial estoppel grounds

    A team of McGuireWoods attorneys successfully barred a plaintiff from recovering in a disability discrimination case against our client, a leading independent national distributor of natural, organic and specialty foods. The plaintiff, a forklift operator, alleged disability discrimination after he claimed that asthma prevented him from working in freezers or coolers and was subsequently terminated. Although the EEOC (Equal Employment Opportunity Commission) found probable cause that he had been the victim of discrimination, prompting an investigation of the accommodation policies in place at our client’s facility, the plaintiff did not fare as well in federal court after McGuireWoods discovered that he had filed for bankruptcy without disclosing his pending charge and claims to the Bankruptcy Court. Our client filed a motion to dismiss and asked the Court to find plaintiff judicially estopped from any recovery. In an attempt at salvaging his claims, plaintiff reopened the bankruptcy proceedings. The Judge found this attempt unavailing and ruled that the failure to timely disclose the claim precluded the plaintiff from any recovery.

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