Wigdor LLP represents individual executives as well as current and former employees in all types of employment law matters.
Our attorneys are highly experienced in the successful litigation of class action, multi-plaintiff and individual plaintiff discrimination, harassment, whistleblower, wage-and-hour and related lawsuits. Because of our approach, our cases are regularly cited by other lawyers in their legal briefs as well as judges in their judicial opinions. Our cases are also frequently discussed at large legal seminars and are written about in law reviews and other legal articles. It is hard to imagine another law firm that has had such an impact in the employment field in the last ten years.
We also provide effective employment law counseling for companies and individuals, including conducting internal investigations and advising clients on workplace policies and practices, employee handbooks, employment contracts, severance agreements, executive compensation, and other employment-related agreements. For a more detailed overview on common employment litigation cases and the process one should go about before taking legal action against their employer, please see our employment litigation reference guide at the bottom of this page.
DISCRIMINATION, HARASSMENT & RETALIATION
Wigdor LLP is the preeminent firm in the fight against discrimination, harassment and retaliation in the workplace. Our Firm maintains a commitment to defending workers’ rights to ensure a discrimination and harassment free workplace regardless of the size and resources of the employer.
Our Firm specializes in handling some of the most well-known and contentious discrimination, harassment and retaliation disputes. While some of our cases receive front page notoriety, the vast majority of our cases resolve themselves quickly because of our ability, reputation, and resources. We understand the sensitivity associated with these cases and respect our clients’ concerns about their reputations and future careers. Some cases settle and some don’t. Our clients come to us because they know that in order to achieve a successful settlement they need a law firm that has the reputation, ability and history of achieving successful outcomes and trial verdicts.
We have been successful in handling cases based on gender, pregnancy, equal pay, sexual orientation, age, race, disability and reasonable accommodations, national origin, religion, and HIV status. Success is in the eyes of the client. Some of our clients have received multi-million dollar settlements, others have forced companies to change their policies, some have had a public trial to vindicate their rights, while others have been instrumental in changing the law. Whatever your goals may be, we can be your partner in achieving them.
Our cases include high-level executives as well as minimum wage employees. While many of our clients come from the financial services industry and Wall Street, we have represented hundreds of other employees in virtually every industry including accounting firms, law firms, retail establishments, human resources, food services and hospitality, marketing, manufacturing, IT, biotech, education, engineering and the public sector.
Although we are, in most cases, prohibited from revealing our confidential settlements, we can state that we have successfully handled discrimination, harassment and retaliation claims against virtually every large employer in New York.
WAGE AND HOUR OVERTIME AND BONUS CASES
Wigdor LLP has been at the forefront in litigating wage and hour, overtime and bonus cases in virtually every industry. These cases range from individual actions to collective actions and class actions, and often involve technical legal analysis of job duties as well as procedural issues involving class and collective action waivers. We have brought some of the largest and most important cases in this area of the law; our Firm is widely acknowledged as a leader and has received national media attention for its work.
WHISTLEBLOWER, QUI TAM, DODD-FRANK, & WRONGFUL TERMINATION
Wigdor LLP regularly handles all types of whistleblower claims under Sarbanes-Oxley and Dodd-Frank. We also litigate Qui Tam actions and assist whistleblowers before the Securities and Exchange Commission, Internal Revenue Service and Commodities Future Trading Commission. We have achieved groundbreaking legal precedents and results due to our abilities, experience, and resources.
EXECUTIVE COMPENSATION, EMPLOYMENT AGREEMENTS, AND RESTRICTIVE COVENANTS
Wigdor LLP has attorneys who have worked for some of the largest employers and are thus well equipped at negotiating and drafting executive compensation and employment agreements for some of the most well known leaders in corporate America. We also routinely draft, negotiate and litigate issues involving non-compete agreements, non-solicitation agreements and the like. We have litigated breach of contract claims on behalf of senior level executives, including the former CFO of Six Flags for whom we won a verdict of approximately $24 million.
INTERNATIONAL EMPLOYMENT LAW
We are unaware of any other employment firm that has a founding partner that is qualified to practice law in both the United States and the United Kingdom. In today’s workplace, many employment disputes involve US employees working abroad or UK employees working in the United States. We are frequently called upon to navigate these extremely complex areas of law. We recognize not only the cultural differences that exist, but also understand the nuances in our respective employment laws. This expertise enables us to appear in courts in the United States as well as employment tribunals and courts abroad.
EMPLOYMENT LITIGATION REFERENCE GUIDE
The substantive area of employment discrimination law is rather complex as it involves various Federal, State and local laws that frequently provide different elements of proof as well as damages. Generally speaking, it is unlawful for an “employer” to discriminate against an “employee” based upon a “protected category” such as gender, race, religion, disability, etc. Who is an “employer,” who is an “employee,” and what is a “protected category,” however, is something that may differ depending on the applicable law. Similarly, how an employee goes about proving that he/she was discriminated against often differs depending on the applicable law. Likewise, it is unlawful for an employer to “retaliate” against an employee who has complained of discrimination or who has raised certain issues that would amount to “whistleblowing.” Again, what constitutes retaliation and who is covered by the various whistleblower laws varies based on the applicable law. In other instances, the law permits employees to proceed directly to court and/or arbitration without any pre-conditions.
In addition to discrimination, retaliation and whistleblower laws, employees also have certain rights that arise from contracts (either written or oral), handbooks and policies. These types of cases, known as breach of contract cases, do not typically require any filing with an administrative agency and instead permit employees to proceed directly to court and/or arbitration.
It is extremely important to note that all laws have what are called “statutes of limitation” that require you to file an action within a prescribed period of time. These limitations periods are typically strictly enforced and would prevent you from prosecuting an untimely claim. The statute of limitations period typically begins to run from the date of an adverse action (such as the demotion or termination). Some laws require you to file an action in as little as 180 days. Therefore, it is imperative to act promptly.