Employment Litigation

When litigation with an employee cannot be avoided, we tailor a defense that protects our employer clients’ legal and business interests. No two employment lawsuits are the same. The legal issues, factual background, and business stakes often differ from case to case.

Read Dykema’s Labor and Employment Blog

Our news and analysis will help you and your team prepare for regulatory changes, implement compliance processes, and spot potential issues before they become a crisis.

Dykema’s “robust” team is “professional, responsive and cognizant of budget.” (Chambers USA: America’s Leading Lawyers for Business).

We draw upon decades of experience when working with clients to develop a legal strategy that is right for your company. Our team represents major corporations, public employers, and a diverse group of businesses in fields ranging from banking and finance to transportation and education, from retailing and manufacturing to construction and engineering.

We have decades of employment litigation experience in:

Federal and State claims of discrimination involving Title VII, the Americans With Disabilities Act, and the Age Discrimination in Employment Act (as well as corresponding state statutes)
Federal and State claims of wage and hour violations, including collective actions under the Fair Labor Standards Act
Allegations of Family and Medical Leave Act violations
Claims of sexual and other forms of workplace harassment
Wrongful discharge charges
Retaliatory discharge allegations
Breach of noncompetition covenants and trade secret misappropriation
Claims of defamation
Breach of contract suits
Invasion of privacy allegations

Contacts

Ramon D. Bissmeyer
Member
James F. Hermon
Member

View All Professionals

Practices

Labor and Employment Litigation Non-Compete, Unfair Competition, and Trade Secrets Wage and Hour

Latest News and Insights

Press Mentions11.1.24

“What To Listen For In Oral Args On FLSA Evidence Standards”

Rob Boonin was quoted in the Law360 Employment Authority article, “What To Listen For In Oral Args…

Learn more

Podcasts10.15.24

Is hiring a foreign national a risky move for cannabis employers?

Cannabis legalization may continue to spread state-by-state, but Uncle Sam still sees it as a…

Learn more

Webinars9.26.24

Labor & Employment Webinar Series—The New Era of Reasonable Accommodations

Join Dan Stern and Charlotte Carne to discuss reasonable accommodations under the Americans with…

Learn more

Defended a national retailer against a multimillion dollar harassment claim where plaintiff claimed his attempted suicide was caused by national origin and age-based harassment by corporate management, which was not addressed following his complaints.
Obtained dismissal of class action allegations of unjust enrichment of a corporation that had implemented a health benefit plan requiring employees with records of excessive absenteeism to reimburse the corporation for a portion of the cost of health insurance premiums paid on their behalf.
Obtained dismissal on summary judgment of national origin and retaliation claim brought by discharged professional employee of Tier 1 automotive supplier.
Obtained unanimous jury verdict in a two-week trial involving claims by a sales employee of a Fortune 100 corporation alleging racial discrimination, harassment, and retaliation as a result of reassignment of his accounts.
Secured an arbitration award in our client's favor on an age and gender discrimination claim brought by a production employee of a Tier 2 automotive supplier.
Defended a sexual harassment and retaliation claim brought by a nurse anesthetist working for a large healthcare system alleging her work environment was permeated with sexual innuendo.
Obtained summary judgment in favor of an employer sued in South Texas in an age discrimination case where the employee had been employed for more than 25 years and performance problems had not been documented.
Represented a hospital in a lawsuit filed under Title III of the ADA. Negotiated a resolution that resulted in a dismissal of the litigation with prejudice.
Represented a higher education institution in claims brought under Title III of the ADA. Negotiated a resolution commencement of litigation.
Obtained dismissal of race discrimination claims where Texas whistleblower claims were also asserted through a plea to the jurisdiction.
Obtained summary judgment in favor of a client who was being sued by a doctor alleging national origin discrimination claiming she was terminated because of her heavy Asian accent.
Represented an employer in a race discrimination, failure to promote, and retaliation case. After trial, obtained a zero-sum verdict for the employer.
Obtained summary judgment in favor of an employer who was sued after an employee was terminated pursuant to a morality provision in her contract. The employee claimed gender discrimination, breach of contract, and intentional infliction of emotional distress. All of the employee’s claims were defeated.
Represented a nonprofit social services agency against claims of national origin discrimination and retaliation through judgment and federal court of appeals.
Represented an employer in federal court in Arkansas through judgment on claims of race and sex discrimination and retaliation.
Represented corporate and individual defendants in federal court in Austin through motion for summary judgment on claims of race discrimination, retaliation, theft of personal data, and invasion of privacy.
Represented a publicly traded provider of land contract drilling services in an arbitration of discrimination and retaliation claims by former employee.
Represented an automobile dealership with respect to claims by a former salesman alleging age discrimination, national origin discrimination, and retaliation. After granting an award of attorneys’ fees as a sanction for the former employee’s failure to cooperate in discovery, the court later granted our client’s motion for summary judgment as to all claims asserted.
Represented a banking institution against a claim of age discrimination through judgment and federal court of appeals.
Represented a physician against claims of breach of contract, fraud, and intentional infliction of emotional distress, sexual harassment, and retaliation through trial to state district court.
Represented a company in a collective action under the FLSA filed in U.S. court by several former employees. Following certification and limited discovery, Plaintiffs' claims were resolved, and the case was dismissed.
Represented a company providing cable installation services for a national telecommunications company in a potential class and collective action filed in U.S. district court by several former independent contractors alleging that they should have been classified as employees and asserting claims under the FLSA, ERISA, DTPA, as well as claims of unjust enrichment, negligent misrepresentation, promissory estoppel, fraud, and fraudulent inducement. The plaintiffs’ efforts to certify statewide class and collective actions that could have included more than 700 class members were defeated, and a plaintiff who had signed an agreement requiring arbitration was compelled to arbitrate all of his claims. Shortly thereafter, the plaintiff’s claims were resolved with court approval, and the case was dismissed.
Represented a company in an FLSA collective action by a former employee alleging unpaid overtime and seeking conditional certification of a class of current and former employees. Plaintiff initiated settlement discussions that resulted in court-approved settlement.
Represented a company in an FLSA collective action by a former employee alleging unpaid overtime and seeking conditional certification of a class of current and former employees. Case was dismissed following court-approved settlement.

Contacts

Ramon D. Bissmeyer
Member
James F. Hermon
Member

View All Professionals

Practices

Labor and Employment Litigation Non-Compete, Unfair Competition, and Trade Secrets Wage and Hour

11.01.24

“What To Listen For In Oral Args On FLSA Evidence Standards”

Press Mentions

Rob Boonin was quoted in the Law360 Employment Authority article, “What To Listen For In Oral Args On FLSA Evidence Standards.”
10.15.24

Is hiring a foreign national a risky move for cannabis employers?

Podcasts

Cannabis legalization may continue to spread state-by-state, but Uncle Sam still sees it as a controlled substance and those who engage in the field can fit the definition of narcotics traffickers. So…
09.26.24

Labor & Employment Webinar Series—The New Era of Reasonable Accommodations

Webinars

Join Dan Stern and Charlotte Carne to discuss reasonable accommodations under the Americans with Disabilities Act (“ADA”) and the new Pregnant Workers Fairness Act (“PWFA”).
08.16.24

One Minute Matters [Video]: Can Illinois Businesses Finally Relax on Their Biometric Data Policies? (with Melanie Chico)

One Minute Matters Video Series

Will Illinois businesses finally be able to relax on their biometric data policies? In response to calls to reform the Illinois Biometric Information Privacy Act (BIPA), Governor Pritzker signed an…
08.15.24

216 Dykema Lawyers Listed in The Best Lawyers in America® 2025 and Best Lawyers “Ones to Watch”

Press Releases

Dykema, a leading national law firm, announced today that 216 of its attorneys, in multiple practice areas and markets, have been recognized in The Best Lawyers in America® 2025 guide and the Best…
08.15.24

One Minute Matters [Video]: OSHA Wants To Protect Workers From Heat Stress—Are You in Compliance With Their Proposal? (with Gavin Hill)

One Minute Matters Video Series

What happens when your staff can't take the heat? A new proposal from OSHA aims to protect indoor and outdoor workers from heat stress by requiring employers to implement preventative measures such as…

View All

Contacts

Ramon D. Bissmeyer
Member
James F. Hermon
Member

View All Professionals

Practices

Labor and Employment Litigation Non-Compete, Unfair Competition, and Trade Secrets Wage and Hour

Employment Litigation

Contacts

Related

Practices

Latest News and Insights

Contacts

Related

Practices

“What To Listen For In Oral Args On FLSA Evidence Standards”

Press Mentions

Is hiring a foreign national a risky move for cannabis employers?

Podcasts

Labor & Employment Webinar Series—The New Era of Reasonable Accommodations

Webinars

One Minute Matters [Video]: Can Illinois Businesses Finally Relax on Their Biometric Data Policies? (with Melanie Chico)

One Minute Matters Video Series

216 Dykema Lawyers Listed in The Best Lawyers in America® 2025 and Best Lawyers “Ones to Watch”

Press Releases

One Minute Matters [Video]: OSHA Wants To Protect Workers From Heat Stress—Are You in Compliance With Their Proposal? (with Gavin Hill)

One Minute Matters Video Series

Contacts

Related

Practices