Employment

Although most businesses can avoid claims through effective human-resource policies and procedures, sometimes employment litigation is inevitable. In these circumstances, WSHB takes a practical approach to minimize risk and maximize clients’ defenses.

For both administrative and litigated issues, we formulate early and creative strategies to resolve matters. When early resolution is impossible, impractical or undesirable, we try cases. Our attorneys assist clients with matters before federal and state courts, the Equal Employment Opportunity Commission, Workers’ Compensation Appeals Boards, unemployment agencies, labor boards and commissions, and other government agencies.

We handle the following types of issues:

• Discrimination and harassment, including age, race, disability, gender and sexual orientation
• Wage and hour disputes
• Wrongful termination and retaliatory discharge
• Age Discrimination in Employment Act (ADEA)
• Americans with Disabilities Act (ADA), including Title I - Employment, Title II - Public Services, and Title III - Public Accommodations
• Family & Medical Leave Act (FMLA) and similar state laws
• Federal Civil Rights Acts (e.g., Title VII, Title IX, 42 USC 1983 and similar state laws)
• Privacy, defamation and tortious interference
• Federal and state whistle blower laws
• EEOC investigations
• Title VII and similar state laws

• Obtained a complete defense verdict for a client who was sued by a former employee for wrongful termination. Client was awarded costs of approximately $42,000, based on plaintiff´s failure to accept its Section 998 Offer to Compromise in the amount of $15,000.
• In a discrimination case, a jury found in our client’s favor on all issues of discrimination, harassment, retaliation, and wrongful termination. Plaintiff was awarded approximately $1,300 in unpaid overtime.
• In a case where a plaintiff sued our client after she was fired upon returning to work post-FMLA leave, a court granted summary judgment in our client’s favor. Our client thereafter agreed to waive costs in exchange for plaintiff´s waiver of appeal rights.
• Plaintiff sued our client for civil penalties, back wages, attorneys’ fees, and damages based upon her allegations that she was improperly classified as an exempt employee. It was discovered that the plaintiff planned to transform the case into a class action suit based upon allegations that the practice of improper classification was company-wide, affecting multiple persons.  Through early assessment of the risk and analysis of the potential damages, the case was settled for a nominal confidential amount and the client averted a class action suit; no other suits were filed by any employee occupying the same position as the plaintiff.
• Representing a club owner against multiple claims of sexual harassment, we attacked the plaintiffs’ claims through quick discovery and early depositions. Proving the claims were meritless, we were able to negotiate dismissals of all claims.
• Representing a retail business owner against claims of invasion of privacy for alleged improper access to employee computer data, we disposed of the case through a motion for summary judgment.

News

Events

“Women, Compensation and the Gender Pay Gap”, Women Leaders in Insurance ExecuSummit, Mohegan Sun, Uncasville, CT, March 2, 2020

“Active Shooter: Emerging Insurance and Risk Management Perspectives”, The Institutes’ Future of Risk Virtual Conference, April 3, 2020

“Professional, D&O and EPL Issues Relating to Mass Shootings,” CLM’s 2019 Cyber, Management & Professional Liability Conference, Boston, MA, July 11, 2019

“Tangible Strategies for Combatting Unconscious Bias in the Workplace without Risking Backlash,” 3rd Annual Women in Insurance Leadership ExecuSummit, Uncasville, CT, March 6, 2019

“Employment Law Update: Developments in LGBTQ Discrimination Cases,” National Employment Law Defense Counsel Summit, Philadelphia, PA, May 11, 2017

“Drafting and Enforcing Effective Non-Compete Agreements and Trade Secret Protections,” Target Markets Program Administrators Association Annual Conference, Arlington, VA, April 19, 2016

Publications

Coronavirus Resources