Breach of Employment Contract

• Represented Defendant in case filed in U.S. District Court for the Southern District of New York where plaintiff alleged breach of employment contract and failure to pay wages in violation of NY Labor Law, and Defendant counter-claimed for $15,000 repayment of bonus. Successfully obtained summary judgment on behalf of Defendant including an award of counterclaim. Case proceeded to appeal and ultimately voluntarily dismissed by Plaintiff.
• Represented Defendant and one individual Defendant in class action breach of contract claim where plaintiffs alleged that they, and a group of similarly situated former employees, were denied certain retirement insurance and other benefits pursuant to applicable collective bargaining agreements. Successfully defended class certification motion and Plaintiffs agreed to voluntarily dismiss/withdraw claim without settlement.

Civil Rights

• McMenemy v. City of Rochester(U.S. District Court): Summary judgment and attorney fees obtained for codefendant in civil rights action.
• Paynter v. State of New York (N.Y.S. Supreme Court, N.Y.S. Appellate Division, New York State Court of Appeals): Summary judgment obtained on behalf of 23 suburban school districts on civil rights and constitutional claims.

Discrimination: Race, Disability, Age, Sexual Harassment

• Fullwood v. Sodexo, Inc. & SDH Services West, LLC (U.S. District Court): Summary judgment obtained for employer in a race discrimination and retaliation lawsuit.
• Barton v. Unity Health System (U.S. District Court and U.S. Court of Appeals for Second Circuit): Summary judgment obtained for employer in race and disability discrimination and retaliation lawsuit. Affirmed on appeal.
• Rojas v. Diocese of Rochester et al. (U.S. District Court and U.S. Court of Appeals for the Second Circuit): Summary judgment obtained for employer in lengthy sexual harassment and retaliation litigation under federal and state laws
• Smith v. Cadbury Beverages, Inc. (U.S. District Court and U.S. Court of Appeals, Second Circuit): Summary judgment obtained for employer in race discrimination case.
• Saglian v. Allstate Insurance Co. (U.S. District Court): Summary judgment obtained for employer in age discrimination case.
• Hudson v. Western New York BICS Division of TOMRA (U.S. District Court and U.S. Court of Appeals, Second Circuit): Summary judgment obtained for employer in age, race and disability discrimination case.
• Bennet v. Cinemark (U.S. District Court): Summary judgment obtained for employer in sexual harassment/disability discrimination case.
• ADA Website Accessibility Cases: Represented hotels, banks, restaurants, retailers, and other entities as Defendants in New York’s federal courts, and successfully resolved cases, where Plaintiff alleged Defendants’ websites failed to comply with the standards required under the Americans with Disabilities Act, the New York Human Rights Law and the New York City Human Rights Law.

Fair Labor Standards Act/NY Labor Law

• Represented Defendant in case filed in the U.S. District Court for the Southern District of New York for unpaid wages under the Fair Labor Standards Act where Plaintiff alleged she was owed over six figures in unpaid overtime. Successfully obtained summary judgment on Defendant’s behalf under fluctuating workweek theory, and case was dismissed.
• Represented Defendant in case filed by 12 Plaintiffs in U.S. District Court for the Eastern District of New York seeking unpaid wages and overtime under the Fair Labor Standards Act and New York Labor Law, and alleging other violations of the New York Labor law.
• Represented two of three Defendants in class action claim by Plaintiff’s alleging failure to pay service charges as gratuities in violation of the New York Labor Law.
• Levine et al. v Unity Health System et al. (U.S. District Court): Summary judgment obtained for Employer in wage and hour class action lawsuit.

Non-Compete/Restrictive Covenants

• Non-compete and other restrictive covenant matters: Successfully represented several employers in court and in pre-litigation demands when enforcing restrictive covenants against former employees. Successfully defended employers against claims of tortious interference with contract when other companies attempted to enforce restrictive covenant against newly hired employee.
• Multi-state employee agreements, including restrictive covenant agreements: Assisted multi-state employers with drafting employment and restrictive covenant agreements for use across several states.

Title VII and the NY Human Rights Law

• Represented Defendant and one individual Defendant in case filed in U.S. District Court for the Western District of New York where plaintiff alleged gender, national origin and race discrimination and retaliation in violation of Title VII and the NY Human Rights Law. Successfully obtained summary judgment on behalf of all defendants, and case was dismissed.
• Represented Defendant in case filed in U.S. District Court for the Western District of New York where plaintiff alleged Town unlawfully retaliated against him in violation of Title VII, the NY Human Rights law, and 42 USC Section 1983. Successfully obtained summary judgment on behalf of Defendant, and case was dismissed.
• Represented Defendant in case filed in U.S. District Court for the Western District of New York where plaintiff alleged hostile work environment and retaliation in violation of Title VII and the NY Human Rights Law. Plaintiff agreed to voluntarily dismiss/withdraw claim with prejudice, and without settlement.
• Represented Defendant and one individual Defendant in case where plaintiff alleged pregnancy discrimination and retaliation in violation of the NY Human Rights Law. Successfully obtained summary judgment on behalf of all Defendants, and case was dismissed.

Workers’ Comp Retaliation

• Workers’ Comp Retaliation Claims: Successfully represented employers against claims filed by former employees alleging wrongful termination in retaliation for filing NY workers’ compensation claims.

Wrongful Discharge

• Represented Defendant District in case where plaintiff claimed wrongful discharge in violation of NY Labor Law Section 740 and NY Civil Rights Law 44-a. Successfully obtained summary judgment on behalf of Defendant, and case was dismissed.