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Employment Discrimination Litigation

Miles & Stockbridge labor and employment lawyers defend employers in a broad range of workplace torts and related litigation involving alleged:

  • Breach of non-competition agreements and labor contracts
  • Civil rights violations
  • Employment discrimination and harassment
  • ERISA and fiduciary liability disputes
  • Labor law violations involving lockouts and strikes
  • Wage and hour law violations
  • Wrongful discharge

The range of labor and employment issues that we litigate is comprehensive, but employment discrimination claims based on issues of age, sex and disability remain our primary focus.

While we perform extensive proactive counseling to help employers avoid the problems that lead to litigation, over half of our labor and employment counsel involves representing clients, from small businesses to multinational corporations, in litigation and disputes. Our lawyers appear in federal and state courts and in proceedings before such government agencies as the National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, the Department of Labor and the Office of Federal Contract Compliance Programs. We have only one focus in our employment litigation work: to secure the best result for our client. We are not afraid to litigate, and are aggressive advocates for our clients. Because of our extensive trial experience, we frequently are able to choose the federal jurisdiction most favorable to our clients' interests at trial, and our working familiarity with NLRB and other federal and state regulators is a distinct advantage. When client interests require it, we effectively pursue mediation and arbitration as a means of resolving employment disputes.

If an employment lawsuit arises, our first step is to complete a thorough investigation of the charges within 30 to 90 days after filing. At the end of that time we are positioned to advise clients on whether to go to court. We try more cases than many large firms, and are not reluctant to pursue trial rather than negotiation and settlement. Our litigation services are cost effective, and while we staff cases efficiently, our rates still allow for substantial partner involvement without substantial additional cost.

Handling age and wage class action lawsuits under the Fair Labor Standards Act of 1938, in which salaried employees sue for back overtime pay and damages, has become a particular focus of our employment litigation practice. We mount a vigorous defense on behalf of our clients, are frequently successful at denying class certification for such suits, and work to ensure that any trial is in as favorable a venue as possible. Our goal, as in all our employment litigation, is an efficient and effective result that dismisses unfounded claims and protects the interests of our clients.