Employment Litigation - Kastner Westman & Wilkins, LLC

Our attorneys have represented management in hundreds of employment-related lawsuits in state and federal courts throughout the United States. These cases typically arise under state and federal discrimination laws, including claims of age, race, sex and disability discrimination. Claims of retaliation are becoming increasingly prevalent.

State law claims alleging termination in violation of public policy and employment-related tort claims are commonplace. As labor and employment practitioners, we are well versed in the substantive laws that come into play in employment litigation. Our familiarity with these laws makes us both effective and efficient when dealing with lawsuits in these areas.

We believe an early and accurate assessment of a litigation matter is critical for achieving an optimal outcome. That assessment requires a thorough investigation of the facts as well as a full understanding of the law applicable to the case.

Trade Secret/Non-Compete Litigation

State trade secret laws prohibit individuals from unfairly competing with their former employers. In many cases, employers supplement these statutory protections by having employees sign confidentiality agreements or employment contracts that include non-competition provisions or other restrictive covenants. Focused on management interests, we draft employment contracts that maximize an employer’s protection against unfair competition.

When disputes arise over trade secrets and non-compete agreements, aggressive litigation tactics often are required, such as seeking temporary restraining orders and preliminary injunctions to help prevent irreparable harm to the employer. Our attorneys bring a sense of urgency as well as a wealth of experience to such cases.

Class/Collective Actions

Employment-related class action and collective action lawsuits are increasingly common, especially in wage-hour cases and race and sex discrimination cases. Our attorneys are able to apply their experience and in-depth understanding of substantive employment laws to these more complex cases. Class and collective actions require a keen attention to procedural issues that can lead to defeating class certification or substantially narrowing the scope and size of the class.

Alternative Dispute Resolution

Many employers have adopted mandatory alternative dispute resolution programs as a legitimate means of avoiding jury trials in state and federal courts. We help devise and implement an ADR program as part of an employer’s overall employee relations and risk management strategy. Once such a program is implemented, we also represent the employer in mediation and arbitration cases that employees file under the programs.