Wrongful Discharge & Discrimination
We have extremely broad experience in state and federal employment litigation, including jury trials and state and federal appeals in employment cases. Our experience includes much more than simple discrimination and wrongful discharge claims. For example, we have handled all of the following types of cases:
- Title VI actions
- ADEA (age discrimination) actions
- ADA actions
- Retaliatory discharge claims
- Sexual harassment and hostile work envoronment claims
- Constructive discharge claims
- Preliminary and permanent injunctions
- Non-solicitation and non-compete agreement disputes
- Wrongful discharge, employment contract and “for cause” termination suits
- Theft and destruction of proprietary data
- Compensation claims under the Colorado Wage Claim Act
- Progressive discipline under employment handbook claims
- Breach of collective bargaining agreement claims
- NLRB “hybrid” claims
- Breach of settlement agreements
- Buyout agreement disputes
- Business equity and unjust enrichment disputes
- “Wrongful hiring” and non-disclosure in hiring cases
- Severance agreement disputes
- Breach of confidentiality
- Breach of non-disparagement
- Breach of loyalty (“preparation for departure”) claims
- Exclusivity of service claims
- Employee privacy claims
In addition to handling the above topics of employment-related litigation, we have drafted a number of specialized employment and consulting agreements. We have negotiated termination and severance agreements, non-compete and confidentiality agreements and other contracts to license and protect proprietary trade secrets. We have extensive experience in the litigation of discovery disputes relating to proprietary and confidential business information, including intellectual property, client and customer lists and business practice and trade secrets.
We have also published articles on retaliatory discharge and other employment issues.
Pre- and Post-Termination Investigations
One of the most delicate aspects of employment law is the preservation of evidence relating to cause for termination and employee misconduct. We have assisted in this process by conducting employee interviews, management interviews, forensic analysis of computers and background checks.
Employment Practices Liability Insurance
We have litigated several insurance coverage disputes involving employment practices liability insurance (commonly known as “EPLI” coverage), including coverage disputes related to physical assaults by both employers and employees (which typically involve “intentional acts” and other insurance exclusions), coverage for advertizing injury and personal injury. As an example of the sophistication of the insurance coverage issues we have handled in relation to employment-related liability, not long ago we successfully handled an insurance coverage dispute relating to liability of a corporate president in connection with the fatal shooting of a chief financial officer which was committed on company property by another corporate executive.
Employee Handbooks And Policy Manuals
We have written highly customized employee handbooks and policy manuals for major corporations and small businesses. We have created specialized disclosure forms, confidentiality agreements, procedure manuals, confidentiality agreements and other specialized employment documents, typically for use in the high-technology and manufacturing industries.
Corporate Crisis Management
We have been retained by major corporations on the eve of public offerings to consult in connection with scandal threats, SLAPP suits, and press releases, as well as preliminary and permanent injunctions and libel claims. This class of client has sought our input in connection with preparation for televised interviews, national advertizing, political statements, cease-and-decist letters, promotional campaigns following adverse publicity and other responses to adverse publicity in the wake of public allegations, deaths and accidents and other sources of harm to business image or damaging events. Read more about crisis management services >
We have handled claims for and against labor unions, including locals of the Teamsters and CWA. We have litigated breaches of collective bargaining agreements and handled declaratory judgment actions related to these contracts. We have also provided individual consultation to officials of collective bargaining organizations.
The key to success in litigation is to be realistic and careful in terms of how a "win" is defined under the circumstances of any given dispute. No two cases are exactly alike. Remember that no attorney or firm can guarantee success according to any arbitrary standard or in terms of a favorable result at trial. Whether or not to try a case or settle a case is a decision a client makes with the advise of an attorney, and no attorney can guarantee anything about the outcome of a civil case. Any case, tried to a jury or a court, might be resolved unfavorably. Trials are inherently unpredictable. Statements contained on this website regarding the ability of the professionals at Godfrey | Johnson, P.C., are based upon good faith perceptions of our abilities demonstrated over years of practice, and are not intended to imply that the attorneys have never lost a case or that we can assure that any particular case will be won at trial or on motions. The best way to evaluate any case is to communicate about it in depth with qualified legal counsel, providing all relevant information to the attorney. It is dangerous to withhold facts from an attorney, and can lead to the delivery of legal advise that is fundamentally flawed. No attorney can prevent this from happening, as attorneys all must rely to some extent upon the information that is provided to them by their clients. The best way to evaluate an attorney is by that attorney's track record, and ours is open for discussion in any specific field. Our abilities as described on this website are based upon experience in actual cases, which have been successful more often than not. ©2015 Godfrey | Johnson, P.C. All rights reserved.