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Employment Litigation and Dispute Resolution - Representative Experience

  • Issues
  • Venue
  • Client Type
  • Lawyers
  • Full Description
  • Result
  • Sexual Harassment, Retaliatory Termination
  • JAMS--Arbitration (New York)
  • Global Technology Company
  • Andrew L. Margulis
  • Defended a global technology company in binding arbitration against claims of sexual harassment and retaliatory termination alleged against both the company and a vice president by a former senior employee.

     

  • After full evidentiary hearings over several days, we obtained an award in favor of both the company and the vice president dismissing all claims in their entirety.

  • Retaliation; Failure to Timely Pay Wages and Bonuses; California Labor Code
  • JAMS--Arbitration (Boston)
  • Defendant Global Technology Company
  • Andrew L. Margulis
  • Defended a global technology company against claims of both retaliation and failure to timely pay wages and bonuses brought by a former senior vice president.  The claims sought payment not only of additional compensation and bonuses, but penalties under California Labor Code.  The claims were first filed in court and were later submitted to binding arbitration, and were brought against both the company and senior executives of the company.

     


     

  • After obtaining dismissal of the claims in their entirety as to the senior executives, we successfully defended the company from all claims of retaliation and failure to pay wages and penalties. We also obtained an award limiting the bonus payable to amounts consistent with the company’s bonus policy, and awarding no additional compensation or interest.

  • Discrimination, EEOC
  • EEOC
  • Defendant Leading Technology Company
  • Andrew L. Margulis
  • Represented a leading technology company against claims of discrimination and retaliation filed with the EEOC.  We participated in the investigation conducted by the EEOC, including submission of all relevant evidence and interviews.
     
     

  • Obtained a finding from the EEOC that there was no evidence of any violation and the charges of discrimination and retaliation were dismissed.

  • Northern District of California
  • Defendant, Hospital System
  • Stacy Monahan Tucker
  •  Ex-employees sued the health system for which they had worked as qui tam relators under the False Claims Act, alleging that they witnessed Medicare fraud during their employment. 

  •  After three motions to dismiss relating to the sufficiency of the relators’ allegations, which were granted with leave to amend, the primary relator dropped out of the suit.  We were able to successfully argue that the remaining relators were not the “original source” of the information as required under the FCA when a prior public disclosure existed, and that the court therefore did not have subject matter jurisdiction.  The court dismissed the action with prejudice.

  • Defendant, Insurance Company, Insurance Plan
  • Pamela E. Cogan (Retired), Stacy Monahan Tucker
  • Plaintiff sued for ERISA benefits valued at over $3 million.  Investigation proved that while seeking benefits, Plaintiff had accepted a severance package from her employer and signed a release without informing her insurance company.  Plaintiff claimed she was told the release would not affect her ability to receive benefits.

  • The court concluded that the severance agreement released all ERISA claims against the employer, its insurance plan and the insurer if Plaintiff signed the release knowingly and voluntarily.  The court conducted a bench trial on the issue of knowing and voluntary release and ruled that Plaintiff was not credible and she had knowingly and voluntarily her rights to her ERISA benefits. The court entered judgment in favor of defendants.

  • Restaurant; Wage and Hour; Overtime; Minimum Wage; FLSA; Wages
  • Restaurant
  • Represented numerous restaurants in the metro area in the defense of class action and individual litigation brought by current and former employees for unpaid wages, overtime, spread of hours and tips under federal and state labor laws.

  • music; licensing; creative; business; owner; catalog; entertainment
  • Supreme Court New York County
  • Advertising Agency
  • Represented emmy award winning composer and songwriter in connection with a business ownership and employment dispute that settled favorably before trial.

  • airline; discrimination; private; harassment; Title VII; age; race
  • Eastern District of New York
  • Private Airline Company
  • Represented private airline company in connection with a race and age discrimination lawsuit brought by former pilot.

  • Discrimination; Harassment; Title VII; EEOC; Civil Rights
  • Represented national retail store chain in the defense of employment claims for harassment, discrimination and alleged violations of other employment laws brought before both federal and state administrative agencies.