Labor and Employment Counseling and Litigation
Who We Are and What We Do
We are not only our clients’ lawyers, we are their partners. Our labor and employment lawyers regularly counsel clients on employment-related issues—working closely with executives at the highest levels in both operations and human resources – to develop training and compliance programs, draft and optimize critical employment documentation, conduct internal investigations, and defend our clients in court.
We provide practical advice on the day-to-day employment challenges and regulatory and compliance issues that arise, as well as guidance on avoiding future claims. We conduct training for harassment and discrimination at manager and hourly employee levels. We help management navigate labor-organization efforts and disputes that arise during and between union contracts. We regularly conduct company Human Resources audits and internal investigations to identify and address areas for improvement.
Even the most robust policies and procedures cannot guarantee an employer will never be sued. When litigation hits, we excel at defending our clients and have been trusted with some of their most complex employment litigation issues. We have successfully resolved these matters – from single-plaintiff to class actions – in numerous state and federal courts, and before agencies such as the EEOC, the DOL, OSHA (state and federal), the California Department of Fair Employment and Housing, and the Illinois Department of Human Rights. We also handle union grievance arbitrations, and traditional labor matters. Our labor and employment attorneys have tried dozens of cases, and are supported by our colleagues who have tried over 200 cases to verdict, including eight former prosecutors. We have successfully defended claims for:
- All types of discrimination and harassment
- Retaliation and whistleblowing
- Wage-and-hour violations
- Failure to accommodate
- Wrongful termination
- Breach of contract
- Trade secret and post-employment restrictive covenant violations
We know our way around the courtroom and we know how to resolve these issues.
Our clients include large, medium and small publicly traded and private companies, including some of the largest multinational companies in the world.
Our diverse team of labor and employment attorneys has a combined 40 years of experience focusing on these issues. We have an impressive record for our clients. We are proud of that record. But we are as proud of how we achieve our outcomes as we are of the outcomes themselves. Our clients rely on us to bring the combination of legal acumen and superior emotional intelligence that’s necessary to handle these delicate matters with skill and sensitivity.
Our distinguished L&E group also exemplifies the RSHC commitment to diversity. The majority of our L&E attorneys come from diverse backgrounds, and we bring those diverse perspectives to the analyses, evaluations, and litigation strategies developed for our clients. We have represented employees, unions, and management. These perspectives help us to understand the importance of preserving relationships with thosewho are on the other side of the negotiation table.
Our Approach and Results
We approach the issue our clients bring to us with the understanding that problems are disruptive to business. While employment disputes are our business, they are a distraction our clients. We employ early disposition options, such as negotiated settlement, alternative dispute resolution (ADR), and summary judgment, that are highly efficient and cost-effective. We also have a reputation of putting out fires that can result in resolution of the issue before any litigation is filed.
As accomplished litigators, we relish the chance to defend our clients in the courtroom. And we do that well. We begin by developing a deep knowledge of our client’s company, workforce, industry, and goals. We determine their tolerance for pushing cases to trial or resolving as quickly as possible. We have the judgment to help you know when to fight or fold, and the ability to win when the choice is to fight, as our record demonstrates. As a result, we can more effectively develop a winning strategy – winning, that is, according to our client’s definition.
We deliver value to our clients and align our pricing mechanism with our clients’ business needs and expectations. Our partners become fully invested in each matter because effective advocacy is a hands-on venture and we believe that lean litigation teams can deliver great results in a much more cost-effective way.
Our lawyers have participated in the following matters:
- Secured a defense verdict representing a financial services firm sued by a highly compensated trader, who claimed discrimination and retaliation.
- Secured a defense verdict for a municipality sued by a police officer for discrimination after his firing.
- Secured a defense verdict in whistleblower wrongful-discharge action involving complex antitrust and price-fixing claims.
- Secured numerous defense awards in arbitrations for discrimination and harassment.
- Successfully represented a company in a workers’ compensation lawsuit brought by a former employee alleging that the client fired him as a result of discrimination for his disability. Despite a $1.5 million demand, our lawyers were able to negotiate a $50,000 settlement during a mandatory settlement conference.
- Conducted numerous internal investigations for a medical-device supplier related to employee misconduct, including conflicts of interest, billing fraud, discrimination and retaliation, and theft of proprietary information.
- Successfully represented a client in a multi-suit matter, the first of which was dismissed on summary judgment and included an award of attorneys’ fees to our client. The second lawsuit, a six-figure claim, was resolved by our client waiving the awarded attorneys’ fees from the first matter.
- Successfully resolved at a settlement conference on the eve of trial a matter involving claims of failure to accommodate and failure to engage in the interactive process. The case resolved for what the client considered to be nuisance value.
- Successfully resolved a case with claims of wrongful termination, sexual discrimination, and harassment by uncovering in the early stages of litigation the plaintiff’s blatant perjury on multiple issues. The case was settled for a for a de minimis amount.
- Successfully resolved a case alleging religious discrimination of part-time package handlers who requested Saturdays off to observe the Sabbath.