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

Blog Posts7.1.25

Decision Alert: Supreme Court Unanimously Rejects Heightened Burden for Reverse Discrimination Plaintiffs

The Supreme Court issued a unanimous employment law decision in Ames v. Ohio Department of Youth…

Learn more

Press Releases6.27.25

Dykema Secures Trial Victory in California Employment Class Action for Northwest Pallet Services, LLC

Dykema, a leading national law firm, announced today that its Labor and Employment Litigation team…

Learn more

Blog Posts6.25.25

Reverse Discrimination Claims Are Easier To Pursue After SCOTUS Decision

Takeaways On June 5, 2025, the U.S. Supreme Court (“SCOTUS”) issued a unanimous decision in Ames v.…

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

07.01.25

Decision Alert: Supreme Court Unanimously Rejects Heightened Burden for Reverse Discrimination Plaintiffs

Blog Posts

The Supreme Court issued a unanimous employment law decision in Ames v. Ohio Department of Youth Services, holding that Title VII of the Civil Rights Act applies equally to all individuals, regardless…
06.27.25

Dykema Secures Trial Victory in California Employment Class Action for Northwest Pallet Services, LLC

Press Releases

Dykema, a leading national law firm, announced today that its Labor and Employment Litigation team secured a significant trial victory on behalf of client Northwest Pallet Services, LLC, in a high…
06.25.25

Reverse Discrimination Claims Are Easier To Pursue After SCOTUS Decision

Blog Posts

Takeaways On June 5, 2025, the U.S. Supreme Court (“SCOTUS”) issued a unanimous decision in Ames v. Ohio Department of Youth Services, which rejected a heightened standard for pursuing reverse…
05.19.25

One Minute Matters [Video]: Did SCOTUS Just Make It Easier to Sue Fiduciaries Under ERISA? (with Tyler Hubert)

One Minute Matters Video Series

SCOTUS just made it easier to sue fiduciaries under ERISA. In Cunningham v. Cornell, the Court dramatically lowered the pleading bar for prohibited transaction claims—reshaping the legal risk for plan…
03.06.25

One Minute Matters [Video]: Should Health Plans Be Forced to Disclose Pharmacy Reimbursement Rates? (with Tyler Hubert)

One Minute Matters Video Series

New pharmacy payment reporting rules are here—is your health plan prepared? Arkansas Rule 128 is part of a growing trend: states demanding more transparency from health plans on pharmacy reimbursement…
01.30.25

How can cannabis companies retain their best employees?

Podcasts

How do you build a thriving workforce in an industry known for instability? Brett Gelbord sits down with Nate Russell and Ben Richards of The Lab to discuss what it takes to create fair and effective…

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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

Decision Alert: Supreme Court Unanimously Rejects Heightened Burden for Reverse Discrimination Plaintiffs

Blog Posts

Dykema Secures Trial Victory in California Employment Class Action for Northwest Pallet Services, LLC

Press Releases

Reverse Discrimination Claims Are Easier To Pursue After SCOTUS Decision

Blog Posts

One Minute Matters [Video]: Did SCOTUS Just Make It Easier to Sue Fiduciaries Under ERISA? (with Tyler Hubert)

One Minute Matters Video Series

One Minute Matters [Video]: Should Health Plans Be Forced to Disclose Pharmacy Reimbursement Rates? (with Tyler Hubert)

One Minute Matters Video Series

How can cannabis companies retain their best employees?

Podcasts

Contacts

Related

Practices