Employment Practices Liability

Representative Matters

Successfully obtained summary judgment on behalf of an accounting firm in a restrictive covenant action. The suit claimed that the newly hired employee was barred from joining the firm based on a non-compete agreement with a former employer.

Counseled a client and worked with local prosecutors during the criminal court proceedings in a case in which a former employee was arrested after sending illicit emails and making harassing calls to her former employer.

Successfully settled a discrimination case for significantly less than the cost of defense in which a service industry company was sued by a former employee claiming he was fired due to his emotional problems.

Successfully negotiated a settlement for significantly less than the cost of defense on behalf of a recruiting agency sued by a former employee who claimed sexual harassment by co-workers. A forensic study of the employee’s computer yielded information that diminished the value of the case.

Assisted a client during an onsite investigation conducted by the Department of Labor involving an employee who claimed to have been reprimanded in retaliation for filing an OSHA complaint.

Successfully argued a case of first impression in the Second Circuit involving the effect of an employee’s release of job-related injuries on future claims for injuries against the employer. Resulting court decision has been repeatedly cited nationwide and has led to additional favorable results for employers.

Obtained summary judgment on behalf of an employer in which the plaintiff, who was 60-years old, filed an age discrimination suit claiming he was wrongfully terminated and that his position was filled by a younger person. Burns White successfully argued that the company restructured and eliminated his position for legitimate business reasons. The case was affirmed by the Third Circuit Court of Appeals.

Provided counsel to a client who was under investigation by the EEOC for improperly handling a sexual harassment claim. The client failed to immediately investigate the allegations and fired the employee. After extensive negotiations with the EEOC, the charge was dismissed. Burns White represented the employer in a subsequent civil suit brought by a former employee. Parties reached a favorable settlement.

Obtained a summary judgment in a federal court matter on behalf of a healthcare defendant in a matter where a former employee was asserting claims under the ADA, the ADAAA and FMLA.

Performing evaluation for bank client regarding litigation hold policy and procedure.

Performing research and analysis for bank client regarding policy/procedure for UCC presentment and related warranty items.

Defending a community bank in conversion of credit card operations to new credit card provider.

Defending a bank client against allegations of improper contact with customer and purported unauthorized practice of law.

Defending national bank served with third-party subpoena for testimony at arbitration hearing.

Defending national bank against claims of purported mismanagement of customer funds pursuant to investment management agreement.