New York Employment Litigation

What We Do

The Firm has an extremely sophisticated employment litigation practice. It has represented both employees and employers in a wide variety of disputes including traditional breach of employment contract, non-solicitation, non-compete, trade secret/confidentiality, wrongful termination, terminations with or without cause, repayment of loans/notes and failure to pay salary/commissions. The Firm regularly represents both employers and employees in discrimination cases based on sex, disability, race and gender, including certain very high profile litigations. The Firm also represents plaintiffs and defendants in litigations involving the Fair Labor Standards Act. While the practice is principally a New York employment litigation practice, these disputes have been before federal and state courts as well as the various arbitration tribunals in other jurisdictions.

Many of these matters have not only received national attention and recognition, but have involved some of the largest companies and high profile and wealthy celebrities, personalities and mega-billionaires. The strategy employed in each of these cases on the Plaintiff side is identical. Realizing that litigation is prohibitively expensive, the Firm encourages notifying the company in advance of filing an action in an attempt to resolve the matter prior to filing a Summons and Complaint. It has tremendous success in so doing. When it is unable to amicably resolve such matters prior to filing, it then engages in aggressive, serious litigation, letting the company know that the matter will be extremely expensive with great risk. On the company side, the Firm similarly attempts to resolve the dispute efficiently and effectively. In the overwhelming majority of its representations, the Firm is successful in resolving the matter in the early stages. However, as its adversaries are well aware, it is willing to go the distance should it need to. The decision on whether to settle, of course, is always that of the client.

Along with its employment litigation practice, the Firm also counsels corporate and individual clients in drafting, negotiating and finalizing employment, post-employment and severance agreements. It also drafts, negotiates and finalizes agreements that relate to specific issues including change of control, golden parachutes, confidentiality, non-solicitation and consulting agreements. We also advise clients on sexual harassment policies and prepare, on behalf of corporate clients, policy manuals, procedure manuals, sexual harassment policy procedures and all employment related policies and procedures guides and instructions.

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Past Success

Because the employer/employee relationship is the most common relationship in the workplace, employment litigation is the most frequent type of dispute in business. The Firm has successfully represented hundreds of individuals and entities — employers and employees alike — in all types of litigation, some of which include.

  • Representing employers and employees in discrimination disputes including age, sex, race, ethnicity, sexual preference and pregnancy litigation, including individual and class action disputes.
  • Representing employees and employers in disputes involving non-competition, non-solicitation and restrictive covenant disputes in federal and state court trials.
  • Representing employers in their attempt to collect monies owed by former employees, including commencing and defending litigation and trying cases involving the recovery of forgivable loans, commissions allegedly due and owing, and other forms of monetary disputes.
  • Representing employers and employees in labor law disputes, particularly litigation involving the alleged violation of state statutory employment statutes.
  • Representing employers and employees in a myriad of post employment contractual disputes.

 

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Distinctions