Employment Litigation
Harrington, Ocko & Monk represents a diverse group of employers and insurers in handling a broad array of legal disputes which arise in the employment setting. Clients of our employment litigation group include professional service firms, universities, manufacturing companies, and many other businesses.
Employment litigation matters we handle frequently include claims of discrimination in employment under Federal, state, and local law, including race, sex, pregnancy, and disability discrimination claims. The head of our employment litigation group has lectured to groups of attorneys on defending sexual harassment claims.
The firm also has frequently handled wrongful termination claims, breaches of employment contracts, and partnership agreements, and “business divorces” such as partnership dissolutions and oppressed minority shareholder claims.
Recent Cases
- The Firm recently obtained a decision from the Federal District Court in the Southern District of New York dismissing an action brought by a former employee against the Firm's client, due to plaintiff's persistent and ongoing discovery violations. The Firm was able to demonstrate to the Federal District Court Judge that plaintiff had violated her discovery obligations and several District Court Orders, which required the plaintiff to produce documents (including electronic documents and emails) with respect to plaintiff's attempts to seek employment from other potential employers. The successful motion papers were prepared and argued by John T.A. Rosenthal.
- The Firm was recently able to settle a discrimination action brought by a plaintiff seeking significant damages under Federal and New York State law, including recovery of attorneys' fees. The ultimate settlement amount was negligible, saving the client considerable money, time and resources which would have been required to successfully defend the case.
- The Firm, through persistent use of various discovery tools, was able to force a plaintiff to dismiss an action with prejudice brought against a foreign corporate client under New York Labor Law 191(c) for alleged commissions owed. Through aggressive use of various discovery devices, the Firm was able to demonstrate to plaintiff and its counsel that there would be no recovery on plaintiff's alleged claims, and that plaintiff's allegations were not supported by any documentation. John T.A. Rosenthal prepared the motion papers, and supervised the case.
- The firm recently obtained dismissal of all claims in Federal Court against a prominent university and several administrators and faculty claiming sexual harassment and hostile work environment.
- The Firm obtained a substantial arbitration award for an accounting firm which was damaged when an acquiring firm failed to honor a contract for fee sharing and consulting services.
- The Firm has successfully brought several suits for professional service firms against departing employees for breach of fiduciary duty, theft of intellectual property, and similar claims.