Employment Litigation

Overview

When litigation with a current or former employee cannot be avoided, Dykema’s sophisticated employment litigation practice tailors a defense that protects our clients’ legal interests while keeping their greater business interests in mind. No two lawsuits are the same; the legal issues, factual background, and stakes are different in every one. Dykema attorneys draw upon decades of experience to work with clients to develop a legal strategy that is right for the company. Clients quoted in Chambers USA 2018 highlight Dykema’s labor and employment team as "very deep in their knowledge base and areas of expertise" and "excellent counsel in difficult labor issues." The Firm also recently ranked as a 2019 national "Best Law Firm" in Litigation - Labor & Employment by U.S. News - Best Lawyers® and as a "Litigation Powerhouse" in Employment in the BTI Litigation Outlook 2018 report, based on direct client feedback from in-depth interviews with corporate counsel at the world’s largest companies.

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. While we strive to spare clients the expense of time-consuming trials, we are fully prepared to vigorously defend them in federal and state trial and appellate courts when necessary. Our attorneys have decades of employment litigation experience in the following areas, among others:

  • 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

Experience Matters

  • Successfully defended one of the nation’s largest trucking companies through trial on a retaliation claim alleging that an over-the-road driver was terminated in retaliation for refusing to drive hours in violation of those permitted under the Surface Transportation Assistance Act.
  • Achieved summary disposition of claims of sex discrimination brought against one of Detroit’s preeminent law firms by a former associate, and recovered nearly all costs and attorneys’ fees incurred by the client in the defense of the matter from the unsuccessful plaintiff.
  • Defended a Tier 1 automotive supplier from allegations of national origin discrimination and retaliation arising from a termination in the course of a reduction in force. The trial court dismissed the case on a motion for summary disposition that was successfully defended in the Michigan Court of Appeals.
  • Won summary judgment on ADA claims based on alleged failure to accommodate, race discrimination claims and retaliation claims, and then won offensive summary judgment in the same case on a counterclaim filed by the employer to recover employer-paid medical insurance premiums paid on behalf of plaintiff resulting from his having falsely claimed a spouse on his enrollment forms. 
  • "Court to examine accommodations for pregnant workers"
    Chicago Daily Law Bulletin
    November 2014
  • “Civil Rights Discrimination Under the Affordable Care Act”
    Metropolitan Corporate Counsel
    November 2014
  • "Unpacking the EEOC’s increased scrutiny of severance agreements"
    InsideCounsel
    June 12, 2014
  • "Direct Examination of the Decisionmaker"
    Employment Law Trial Tactics, DRI
    2010

Speaking Engagements