Home > Services > Employment Litigation

EMPLOYMENT LITIGATION

Thompson Coburn represents employers in employment discrimination, wrongful discharge, wage and hour, and breach of contract cases, ranging from individual lawsuits to class and collective actions. While we are typically on the defense side of cases, we have also successfully prosecuted numerous suits against former employees who leave to compete, utilizing a number of strategies and techniques to enforce restrictive covenants and breaches of fiduciary duties.

Our emphasis is on winning cases efficiently. To do this, we immediately marshal the facts of all new matters and prepare a preliminary analysis for the client. We collaborate with the client to develop a strategy for winning the case, either by motion or at trial. We are mindful of our clients’ need to contain legal costs, so at all times, we staff each matter appropriately, with the attorney best suited to the particular task.

We handle employment cases in many jurisdictions, defending companies in the District of Columbia and more than 35 states. 

Representative Matters

A major chemical company chose Thompson Coburn to defend it in a suit brought by a 15-year employee who was dismissed for willfully violating a life-critical safety policy. The employee accused the company of discrimination and harassment based on race, national origin and color. The jury, seated in a plaintiff-friendly venue, deliberated for only 40 minutes before returning a verdict in favor of our client on all counts.

Won judgment as a matter of law in a federal age discrimination lawsuit at the close of plaintiff’s evidence in federal court in East St. Louis, Illinois, for a major U.S. banking company.

Obtained summary judgment in a race discrimination lawsuit on the grounds that the plaintiff had failed to disclose the existence of her claim when she filed for bankruptcy protection.

Obtained replevin order in favor of our client allowing U.S. Marshals to seize confidential information taken by former employees.

On behalf of a Fortune 500 manufacturer, obtained summary judgment on grounds that the ERISA plan participant had failed to exhaust her administrative remedies and the time for filing a further administrative appeal was now time-barred.

On behalf of an nationwide retailer, obtained summary judgment on grounds that the plaintiff failed to prove his ERISA 510 claim because he did not show that he had lost an entitlement to plan benefits and did not show that the company's stated reason for terminating his employment was pretextual.

Obtained dismissal of sexual harassment case and received award of sanctions against the plaintiff when it was discovered that the plaintiff had worked as an exotic dancer at a time during which she testified at deposition that she was unemployed.

Class and Collective Action Employment Litigation

By succeeding in limiting discovery, we prevented an Americans With Disabilities Case from becoming a class action over the requirement of providing a “full release with no restrictions” in order to return to work.

Successfully defended the world’s largest publishing company against a sex discrimination/hostile environment class action, resulting in a favorable settlement on the eve of trial.

Successfully defended a sex discrimination class action against the hiring practices of a major manufacturer. In the face of a compelling dispositive motion, EEOC settled for truly nuisance value.

FLSA collective action challenging policy of not paying employees for time spent at home uploading and downloading work information over the Internet. Almost 1,000 current and former employees opted in, and a collective action was preliminarily certified. Following discovery, our motion to decertify the class led to realistic settlement demands that resulted in a confidential resolution.

Several FLSA collective actions across the country were consolidated in California and challenged flat fixed-rate pay for over 300 nurse staffing coordinators working on-call during evening and weekend hours. We were able to greatly reduce the number of plaintiffs and then, with an expert, show that the number of hours plaintiffs claimed they worked was grossly exaggerated.

Putative class action brought to challenge the subjective decision making for promotions by a major financial services company. We succeeded in persuading the Court to deny class certification, with the case later dismissed as to the remaining plaintiffs. The dismissal was affirmed by the Eighth Circuit.

In a class action challenging the exempt classification of software code writers and testers (approximately 150 employees in a variety of job classifications were involved), the Circuit Court tentatively granted class certification. We were able to convince class counsel that about one-half of the job classifications were most likely correct. As a result, the case settled for a low amount.

A major telecommunications company retained Thompson Coburn in a putative class action retaliation claim brought by a terminated employee on behalf of a class of employees who were offered a “last chance agreement,” whereby they would avoid termination only by agreeing, among other things, to a plenary release of claims to date against the company. After some discovery, we successfully moved to dismiss the class claims, and then were able to litigate the case as a single plaintiff case.

For a major insurance company we obtained summary judgment in an unlawful retaliation and race case claiming violation of Title VII and state law.

Publications

Illinois appeals court holds that BIPA Section 15(a) requires retention-and-destruction policies upon possession of any biometric data

Missouri’s new marijuana law: What employers need to know

EEOC releases new “Know Your Rights” job discrimination poster

Employers: Get ready for new California HR laws in 2023 and beyond – 10 things to look out for

U.S. Supreme Court sides with employers over arbitration of PAGA claims

The City of Chicago amends sexual harassment laws, including new training, policy, and notice requirements

Illinois Department of Labor issues first guidance on the state’s Equal Pay Act

SCOTUS holds prejudice is not required for waiver of right to arbitrate

California raises minimum wage for all employers

Illinois Appellate Panel Upholds Employer Defense Against Employee BIPA Claims: Union Employee BIPA Claims Preempted by Federal Labor Law

Illinois Supreme Court ruling curtails prominent BIPA defense

New law to bar mandatory arbitration of sexual harassment and assault claims

Sixth Circuit dissolves stay of OSHA vax or test mandate for large employers paving way for enforcement

Employers: Are you ready for new California HR laws in 2022?

President Biden announces new vaccine mandate for large employers

Be prepared for the new Illinois equal pay reporting and certification requirements

Illinois governor signs law that applies limits to non-competition and non-solicitation agreements

New requirement for corporations doing business in Illinois to publicly report employee demographic data

Illinois legislature makes substantial limiting changes to state law on non-compete and non-solicitation agreements

Missouri legislature passes new protections for businesses from COVID-19 suits

What employers need to know about mandatory COVID-19 vaccines and exceptions

Employers: March 2 is the deadline to file 2019 injury and illness summaries

NLRB overturns trio of Obama-era board decisions

23 tips for drafting employment arbitration agreements

Employers: Are you ready for new California HR laws in 2020?

Choice of law provisions in ERISA plans will not result in uniformity

An overview of the Illinois Salary History Ban for employers

What employers need to know about the DOL’s final rule on overtime exemptions

What you need to know about the City of Chicago Fair Workweek ordinance

Illinois’s newly enacted ‘Workplace Transparency Act’ responds to the #MeToo movement

Seven things employers should know about EBSA investigations

New ruling requires employers to submit pay data to the EEOC by September 30, 2019

How employers can use employee benefits to address climate change

Kina Hart’s message to EHS leaders: ‘Don’t leave safety to others’

What’s new with the Illinois Wage Payment Act and four other HR law changes for 2019

California says #MeToo: What employers need to know

Bifurcated trials: A road map for better results for insurers facing non-ERISA disability claims

In California, when is a ‘worker’ considered an ‘employee’?

Is it time to address benefits for alternative work arrangements?

Shoring up the PBGC’s insurance program for multiemployer plans: An update

Missouri enacts new employment law favoring employers

Missouri to join Right to Work ranks: Is the fight over or just warming up?

Are HR employees ‘investment advisors’ under the DOL’s fiduciary rule?

California expands pay equity, limits pay stub requirements

New Illinois law prohibits non-competition agreements with low-wage employees

Technology companies: Are your employment policies due for a reboot?

Former head of OSHA discusses workplace injury policies, DOJ enforcement

U.S. Department of Labor issues final rule updating overtime regulations

New OSHA reporting and anti-retaliation rules

What you need to know about federal trade secret protection

California ups the ante on minimum wages

What’s next for class action defendants after Tyson Foods?

Post that policy: California FEHA amended regs take effect April 1, 2016

EEOC wants employer payroll data to discover pay discrimination

Trick or Treat for California employers

DOL claims most workers classified as independent contractors are "employees" covered by the FLSA

DOL proposed rules limit overtime exemptions

Missouri employers take note: don't wait to challenge the timeliness of a charge under the Missouri Human Rights Act

Illinois employers face decision as appellate court limits offer of at-will employment as consideration for competition restrictions

NLRB posting requirement struck down by court; federal contractors still on the hook

TCLE

Recent Updates in Illinois Law

How to End a Business Relationship Without Litigating

Re-Opening Issues and Employer Liability Concerns In The Era Of COVID-19

Navigating HR Issues during the COVID-19 Emergency

Traffic Ahead: California Employment Law Update

Overtime Law 2016 – Expanded New Rule: What It Means for You

A New Horizon: What You Need to Know About California Employment Law

Blog Posts

7 facts employers and employees should know about HIPAA and the opioid crisis

Recreational cannabis in the workplace: A guide for California employers

Illinois takes the lead on employee privacy: What employers need to know

Illinois strengthens, expands scope of personal information protections

Gainful employment webinar recordings now available

Can colleges compensate recruiters based on graduation rates?

Employers and medical marijuana: Are California's anti-drug policies up in smoke?

Why the GE regs apply to some programs and not others

Reporting gainful employment data to DOE: Time to get started

Possible hospital malpractice exposure in Missouri for non-employed physicians

News

Test news item

Susan Lorenc gives ‘Employment Law Master Class’ on business consultant Dave Lorenzo's podcast

Fatima Khan joins Thompson Coburn as an immigration partner

Business litigator Jasmine Wynton joins Thompson Coburn in Dallas

Congratulations to our 14 ‘Lawyers of the Year’ for 2020

17 Thompson Coburn attorneys recognized in 2019 Chambers USA

Thompson Coburn presents ‘Secrets of the Firewalkers’ at the 2019 CLOC Institute

Hope Abramov and Laura Jordan named 2019 BTI Client Service All-Stars

Sarah Wade, Felicia Williams honored as YWCA Leaders in the Workplace

Thompson Coburn earns 11 national top-tier rankings in U.S. News 2019 ‘Best Law Firms’ survey

Thompson Coburn earns 12 national top-tier rankings in U.S. News ‘Best Law Firms’ survey

Nelson Williams joins the board of Forward Through Ferguson

Laura Jordan named a 2017 BTI Client Service All-Star

Thompson Coburn earns 11 national top-tier rankings in U.S. News ‘Best Law Firms’ survey

25 Thompson Coburn attorneys recognized in 2015 Chambers USA

Nelson Williams named one of Business Journal’s 30 Under 30

Employment litigator John Viola joins Thompson Coburn in Los Angeles

Congratulations to our 15 St. Louis ‘Lawyers of the Year’

Cliff Godiner, Chuck Poplstein named to 2014 ‘Most Powerful Employment Attorneys’ list

27 Thompson Coburn attorneys recognized in 2014 Chambers USA

Krissa Lubben, Mark Sableman named 2014 Lexology Client Choice Award winners

Webinar will review attorney client privilege for in-house counsel

Three partners named 2013 Up & Coming attorneys

Lori Jones talks Affordable Care Act delays, employee benefits in a post-DOMA world

Cliff Godiner, Chuck Poplstein named to ‘Most Powerful Employment Attorneys’ list

Cliff Godiner, Hope Abramov to dissect a modern labor dispute at SHRM annual conference

Thompson Coburn wins union election, decertifies longtime union facility

Thompson Coburn secures Illinois appellate victory for community hospital

19 Thompson Coburn partners named 2013 St. Louis Lawyers of the Year

Chuck Poplstein elected to College of Labor and Employment Lawyers

Laura Jordan selected for 2012-2013 class of Leadership St. Louis

Thompson Coburn part of team that won landmark religious liberty case in U.S. Supreme Court

Partner
St. Louis

A partner in the Labor and Employment practice area, Hope's extensive labor and employment practice is bolstered by her experiences as an in-house attorney for more ...

A partner in the Labor and Employment practice area, Hope's extensive ...

Hope Abramov
Partner
New York

John draws on his more than 30 years of litigation experience to represent a wide variety of clients in federal and state trial and appellate courts.

John draws on his more than 30 years of litigation experience to represent ...

John Amato
Senior Counsel
St. Louis

Mary has spent her nearly 40-year career representing major corporations in high-stakes trials and arbitrations across the region.

Mary has spent her nearly 40-year career representing major corporations in...

Mary Bonacorsi
Partner
Chicago

Mike represents management clients in a wide variety of labor and employment matters and related litigation.

Mike represents management clients in a wide variety of labor and employmen...

Michael Duffee
Associate
Dallas

Ryan represents employers in a variety of employment law matters in state and federal courts, mediation, arbitration and appeals.

Ryan represents employers in a variety of employment law matters in state a...

Ryan Gehbauer
Partner
St. Louis

Cliff is a labor and employment attorney who advises executives and HR leaders on all aspects of employment litigation and labor disputes.

Cliff is a labor and employment attorney who advises executives and HR lead...

Cliff Godiner
Partner
St. Louis

Laura provides high-level strategic human resources counseling to executives and HR managers on the challenging legal questions that crop up during every phase of employm...

Laura provides high-level strategic human resources counseling to executive...

Laura Jordan
Associate
St. Louis

Emma is an associate in the firm's labor & employment practice group.

Emma is an associate in the firm's labor & employment practice group.

Emma Lapp
Partner
Chicago

Susan is a highly experienced employment law attorney who serves as a seamless extension of her clients' HR and in-house legal teams.

Susan is a highly experienced employment law attorney who serves as a seaml...

Susan Lorenc
Counsel
Dallas

Allyn serves as counsel in the Firm's labor & employment practice group.

Allyn serves as counsel in the Firm's labor & employment practice group...

Allyn Lowell
Partner
St. Louis

Krissa practices human resources law, focusing on the representation of employers in employment litigation and client counseling.

Krissa practices human resources law, focusing on the representation of emp...

Krissa Lubben
Partner
New York

Steve represents financial institutions, businesses and constituencies in federal and state courts throughout the United States in a wide variety of major commercial disp...

Steve represents financial institutions, businesses and constituencies in f...

Steven Mandelsberg
Associate
Chicago

Jeremy is an associate in the Firm's labor and employment practice.

Jeremy is an associate in the Firm's labor and employment practice.

Jeremy E. Miller
Associate
St. Louis |
Los Angeles

In her labor and employment practice, Stephanie partners with clients to develop solutions to complex workforce challenges.

In her labor and employment practice, Stephanie partners with clients to de...

Stephanie Milner
Associate
St. Louis

Conor provides counsel to management in various types of labor and employment disputes.

Conor provides counsel to management in various types of labor and employme...

Conor Neusel
Partner
New York

Zachary delivers practical, tactical, and experienced advice to corporate, lending, and fiduciary clients with respect to all phases of litigation, alternate dispute reso...

Zachary delivers practical, tactical, and experienced advice to corporate, ...

Zachary Newman
Associate
St. Louis

Amy assists employers in various labor and employment matters, including litigation and human resources counseling.

Amy assists employers in various labor and employment matters, including li...

Amy Oslica Dougherty
Associate
St. Louis

Colin counsels management and HR directors on a wide array of human resources issues and employment decisions.

Colin counsels management and HR directors on a wide array of human resourc...

Colin Pajda
Senior Counsel
St. Louis

Rick devotes his entire practice to the defense of employers in ERISA litigation related to pension, life, health, and disability benefits, both self-funded and insured.

Rick devotes his entire practice to the defense of employers in ERISA litig...

Rick Pautler
Partner
St. Louis

Chuck is a creative and highly efficient employment litigator and advisor to private and public sector employers across a wide spectrum of industries.

Chuck is a creative and highly efficient employment litigator and advisor t...

Chuck Poplstein
Associate
Los Angeles

Keith represents employers of all sizes in a variety of litigation types, including wrongful termination, discrimination, harassment, and wage and hour matters.

Keith represents employers of all sizes in a variety of litigation types, i...

Keith Rasher
Partner
Los Angeles

A dynamic litigator with a breadth of experience, Kacey creates and executes effective and practical litigation strategies to address a variety of complex disputes for cl...

A dynamic litigator with a breadth of experience, Kacey creates and execute...

Kacey Riccomini
Partner
St. Louis

Tim provides practical, in-depth counsel to management during two of the most critical junctures in the employer-employee relationship: union organizing and employee term...

Tim provides practical, in-depth counsel to management during two of the mo...

Tim Sarsfield
Associate
Chicago

Zoe is an associate in the Firm's Labor & Employment practice group.

Zoe is an associate in the Firm's Labor & Employment practice group.

Zoe Spector
Partner
Los Angeles

John serves as a one-stop resource for employment counseling and litigation for companies in California and across the country.

John serves as a one-stop resource for employment counseling and litigation...

John Viola
Partner
St. Louis

Nelson represents employers in various aspects of employment law and litigation.

Nelson represents employers in various aspects of employment law and litiga...

R. Nelson Williams
Partner
Dallas

Jasmine is an experienced litigator who focuses her practice on high-stakes business litigation, employment law, and white collar criminal defense.

Jasmine is an experienced litigator who focuses her practice on high-stakes...

Jasmine Wynton