Employment Litigation

We focus on defending our employment law clients aggressively throughout the employment litigation process with the goal of disposing of cases before trial and, when trial occurs, presenting the most persuasive case possible to win. We have experience defending labor and employment law clients before the various state and federal courts and agencies that handle employment matters.

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Employment Litigation Attorney Services

The employment litigation attorneys at Phillips Lytle are well-equipped and experienced to assist clients with a wide variety of matters related to labor and employment laws.

  • Handling administrative charges before state and federal agencies.
  • Litigating employment cases in state and federal courts, including discrimination, harassment, retaliation and whistleblower claims, wage and hour violations, employee privacy issues and employment-related torts.
  • Prosecuting actions on behalf of employers for employment disputes and employee disloyalty, theft, fraud and misconduct.
  • Enforcing non-compete agreements and restrictive covenants.

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Phillips Lytle Employment Litigation Experience

Representative examples of our employment litigation:
  • Successfully defended a national cancer institute in multiple actions by a former employee seeking to negate a settlement agreement entered into by the parties, and obtained a judgment for attorneys’ fees against the plaintiff.
  • Obtained dismissal of a state court action alleging a lengthy pattern of harassment of an employee by several co-workers, and follow-on claim of retaliation after the employee protested to management.
  • Obtained summary judgment in a variety of race discrimination cases for an international bank.
  • Represented a collection agency in obtaining summary judgment dismissing a claim by a former employee for violations of the federal Privacy Act based on alleged mishandling of private information. We successfully defended the decision on appeal, which presented a question of first impression in the Second Circuit regarding when a corporation is considered “government controlled” under the Privacy Act.
  • Successfully defended Americans with Disabilities Act (ADA) claims by a company executive.
  • Secured summary judgment in multiple cases dismissing disability discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964, the ADA (including failure to accommodate claims), the Age Discrimination in Employment Act (ADEA), and the New York Human Rights Law.
  • Obtained summary judgment in several cases dismissing Family and Medical Leave Act claims.
  • Negotiated a favorable settlement of a complex sexual harassment claim in federal court alleging inappropriate conduct by numerous male co-workers in a blue-collar department of a public-sector employer.
  • Obtained lead decision in the U.S. District Court for the Western District of New York regarding dismissal of a disability and age discrimination suit based on a successful labor arbitration award finding just cause to terminate.
  • Filed a motion for partial summary judgment on the eve of mediation and negotiated favorable settlement of a federal court lawsuit alleging an extensive pattern of sex discrimination and harassment in advance of a mandatory disclosure deadline to produce problematic documents.
  • Obtained a decision wherein the federal court rejected a former employee’s novel theory that the “regarded as” theory should be extended to alcoholics and, thereby, excuse inebriation or use of alcohol in the workplace and ordered dismissal of the lawsuit.
  • Successfully represented a client in a seven-day sexual orientation harassment trial before the New York State Division of Human Rights (NYSDHR) where the plaintiff, an employee in a jail facility, alleged that he was harassed by co-workers over a period of three years because they believed he was gay. The trial included testimony from more than 15 witnesses, including medical and economic experts. A decision was issued in favor of our client dismissing the claim.
  • Obtained dismissal of NYSDHR race and sex claims against a multi-state employer.
  • Obtained dismissal of numerous NYSDHR claims based on race, religion, sex, sexual orientation, national origin, age, disability and criminal conviction discrimination in unreported cases.
  • Successfully lobbied the U.S. Equal Employment Opportunity Commission (EEOC) to refrain from including an area hydroponic grower in a highly publicized federal court allegation claiming discriminatory treatment and unlawful trafficking of foreign nationals.

Meet Our Employment Litigation Team

Jeffrey D. Coren Special Counsel
Nicholas P. Fedorka Associate
Marc H. Goldberg Special Counsel
James R. Grasso Partner, General Counsel
Amanda L. Lowe Partner
Kevin J. Mulvehill Partner
Chloe J. Nowak Associate
James R. O’Connor Partner
Linda T. Prestegaard Partner
Nicholas C. Roberts Associate
Meet the Team

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