THOMPSON WIGDOR & GILLY LLP
Thompson Wigdor & Gilly LLP represents individuals, including
executives, officers, directors, partners and current or former
employees in all aspects of their employment. Very few relationships
are as important to an individual’s well-being than his or
her employment, and many individuals do not realize that their workplace
rights have been violated until they consult with an experienced
employment lawyer. Our individual clients receive the highest level
of employment law expertise and experience, forged during years
of representing many of the largest and most successful companies
in the world. We tap into this expertise and give our clients the
individualized attention and sound legal advice needed to ensure
that they have a full understanding of their legal rights in the
workplace and their options when those rights have been violated.
We also aggressively represent our clients in all types of litigation
and negotiation with their employers. Thompson Wigdor & Gilly
LLP attorneys regularly appearing in federal and state courts, as
well as in mediation, arbitration and other Alternative Dispute
Resolution (ADR) proceedings to fight for the interests and rights
of our individual clients.
Employment Discrimination.
Our lawyers have a distinguished record of winning jury trials.
We aggressively litigate class actions, as well as individual and
multi-plaintiff discrimination cases challenging employee terminations,
suspensions, demotions and other discipline, inequitable pay and
benefits, hostile working environment, unfair promotions, job assignments
and working conditions, disparate policies and practices and many
other adverse employment actions. We handle the full range of discrimination
cases, including Race, Sex, Age, Disability, Religion, National
Origin, Pregnancy, Sexual Harassment, Racial Harassment and Sexual
Orientation. We also represent individuals who have been retaliated
against for making internal HR complaints, filing EEOC charges or
exercising other protected rights.
Compensation, Bonus and Overtime
Pay Disputes. Many employees do not receive all of the compensation
they are entitled to from their employers. We frequently represent
employees seeking to challenge the failure to pay promised bonuses
and other compensation required under their employment agreement
or the employer’s policies and practices, including use of
improper pay and employee classification practices that wrongfully
deny overtime pay to salaried employees in violation of the wage
and hour laws. We also litigate both collective and individual actions
for failure to pay overtime and other compensation premiums required
under the technical and complicated requirements of the Fair Labor
Standards Act (FLSA) and certain state laws. Our lawyers are experienced
litigating these claims in federal and state courts, as well as
in arbitration, including securities industry arbitration before
the NASD and NYSE.
Breach of Contract and Restrictive Covenants.
Our employment litigation practice includes breach of contract claims,
including both express and implied employment agreements, nonsolicitation
and nondisclosure agreements and covenants not to compete. We also
defend employees against fast-moving lawsuits seeking temporary
restraining orders (TROs), declaratory judgments and court-ordered
injunctions to enforce restrictive covenants, as well as related
tort claims for breach of duty of loyalty and fiduciary duties,
misappropriation of trade secrets, conversion and fraud.
Executive Compensation, Employment and
Partnership Agreements. Representing individuals’ employment
interests means more than litigating cases on their behalf. Our
firm also represents and advises high-level executives and other
professional employees in the negotiation and preparation of executive
compensation agreements, employment contracts as well as limited
liability partnership (LLP) and limited liability company (LLC)
agreements. We take great pride in our reputation for producing
high-quality work and demonstrating integrity and professionalism
in dealing with an individual’s employer and business or professional
partners. Whether we negotiate on your behalf, or simply advise
you on the negotiations behind-the-scenes, we always take a constructive
approach that promotes your interests and preserves your professional
relationships. We also regularly review and negotiate severance
agreements, dissolution and other separation agreements and provide
expert advice concerning the scope and enforceability of the varied
waiver and release provisions sought by employers.
Employee Pensions and Benefits. We
advise employees and litigate cases on their behalf involving pensions,
401K plans, health insurance and other benefits, including rights
protected under the Employee Retirement Income Security Act (ERISA).
Our attorneys frequently assist employees to understand and enforce
their right to leaves of absence, sick days, vacation and other
time off provided under the Family and Medical Leave Act (FMLA)
or their employer’s policies and practices.
Whistleblower and Wrongful Termination.
Thompson Wigdor & Gilly LLP also protects employees against
termination and other forms of retaliation that violate federal
and state whistleblower protection laws. Our attorneys are prepared
to respond immediately to such unlawful conduct and to initiate
emergency court proceedings seeking reinstatement and make-whole
relief for the employee. We also litigate wrongful termination cases
and violations of employees’ workplace privacy rights, including
challenging unlawful background checks, polygraph examinations,
wiretapping and other workplace surveillance.
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