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 as 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 and proven by a series of high-profile verdicts on behalf of individuals with discrimination, harassment and related claims. 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 and have built a strong reputation as a firm that will pursue individual clients' claims with the highest level of skill and dedication, for as long as it takes to get a successful result.
Employment Discrimination and Harassment.
Our lawyers have a distinguished record of winning jury trials, with a number of recent successes in cases involving discrimination or unlawful harassment. In the past few years alone, Thompson Wigdor & Gilly LLP obtained in federal court a jury verdict of over $8 million in a sexual harassment and retaliation case; a $7.5 million jury verdict in a disability discrimination case against Wal-Mart, and a $1.2 million verdict in a racial and sexual harassment case against a successful Manhattan-based recruiting firm. 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 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, harassment/hostile working environment, unfair promotions, job assignments and working conditions, disparate policies and practices and many other adverse employment actions. 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 agreements or their employers' policies and practices. We also litigate both collective and individual actions for failure to pay overtime and other compensation premiums required under 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 FINRA.
Executive Compensation, Employment and
Partnership Agreements, Severance Packages. 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. Our unique expertise in this area stems from our attorneys' extensive experience in drafting and negotiating complex executive compensation agreements for prominent, high-level executives. 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. In a challenging economy, we advise individuals in career transition concerning their rights and options. With our help, you can fully understand your rights and feel secure in negotiating and signing your severance package or employment agreement.
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 help individuals enforce the promised terms of employment or challenge inequitable and unfairly burdensome post-employment restrictions. Our attorneys have extensive experience in defending 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.
Employee Pensions and Benefits. Retirement, health and other benefits are a crucial aspect of individual employees' financial well-being and recent changes in the law expand your ability to challenge improper investment options or other actions by plan fiduciaries and sponsors. We advise employees and litigate cases on their behalf involving pensions, 401(k) plans, health insurance and other benefits, including rights protected under the Employee Retirement Income Security Act (ERISA). Whether your case involves a wrongful termination just prior to a pension vesting or improper investment choices for a 401(k), we can help you navigate the administrative and litigation steps required to obtain your benefits and recover appropriate compensation. Our attorneys also 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 employers' 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, including extensive experience with Sarbanes-Oxley both administratively before OSHA and in federal courts. Our attorneys are prepared to respond immediately to unlawful reprisals against whistleblowers and to take prompt action to seek 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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