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Employment Representative Cases

  • Received a jury verdict in favor of a hospital client in a contentious employment dispute. In this case, plaintiff filed an eight-count employment discrimination lawsuit against the hospital alleging that it failed to hire her for a position because of her age (58) and because she was a woman (the person hired for the position was a 26-year-old male with nearly 20 years less experience). Plaintiff also claimed that her hours were reduced because of her age and gender; that she received negative evaluations because of her age and gender; and that the hospital gave her negative reviews and reduced her hours in retaliation for a letter sent to the hospital by her lawyer complaining of age and sex discrimination. After five days of trial, the jury deliberated for less than an hour before returning a verdict for the defense.
  • Secured a dismissal of employment discrimination claims made against a healthcare IT startup.  In her Charge, the Complainant alleged claims of racial discrimination and retaliation.  Complainant alleged as project manager at the company, she was subjected to racial harassment and discrimination in violation of Title VII of the Civil Rights Act.  Further, she alleged retaliation, in that when she complained about the alleged harassment to her supervisors no action was taken and she was threatened with discharge. In contrast, our client asserted that the Complainant was terminated for misrepresenting her abilities and knowledge during the interview process and failing to meet the expectations of the project manager role.  In its investigation, the U.S. Equal Employment Opportunity Commission (EEOC) found the Complainant’s Charge was unsupported and dismissed the matter.
  • It took 14 years, but a large utility company finally put a retaliatory discharge dispute to rest with our assistance.The dispute began almost immediately following the plaintiff’s termination by the utility company in 2004. The plaintiff filed suit, claiming retaliatory discharge as he had workers’ compensation petitions pending at the time he was terminated. He sought more than $7 million in compensatory and punitive damages. During the two-week trial, the defense countered that the workers’ compensation claims were not relevant to plaintiff’s discharge, and did not “immunize” him from termination of employment. Consistent with Illinois case law, the defendants articulated a valid “non-pretextual” basis for the termination, and the judge accepted it, resulting in judgment in defendants’ favor.
  • Representing a hospital on its employment and labor issues. Our representation includes providing advice on employment and Family and Medical Leave Act issues, policies and procedures, handling employment litigation matters and addressing labor issues, including grievances, arbitration hearings, collective bargaining negotiations and other matters.
  • Recently concluded multiple rounds of collective bargaining for a hospital client and reached a new multi-year labor contract agreement with the American Federation of State, County and Municipal Employees (AFSCME).  AFSCME represented the hospital’s nursing employees.
  • Successfully defended a hospital client in a labor arbitration proceeding alleging wrongful discharge.  The grievant, a member of the International Union of Operating Engineers, maintained he had been wrongfully discharged and that even if there were grounds for discipline, the hospital should have imposed sanctions less severe than discharge. The hospital maintained the grievant was correctly discharged because he loudly and aggressively abused his supervisor, used profane language and aggressive and belligerent behavior, flatly refused to do assigned work and was caught on video sitting in his office doing nothing while he was supposed to be doing his job of installing light fixtures.
  • Successfully represented a professional services firm against the Illinois Department of Employment Security (IDES) throughout an audit investigation. Allegations surfaced that the firm was misclassifying its workforce. After a detailed investigation, the IDES concluded that the firm was in full compliance with its employment reporting and contributions.
  • Representing a large healthcare provider against numerous claims of gender, pregnancy, race, age, religion, national origin, and disability discrimination, harassment, and retaliation in both Illinois and Indiana.
  • Representing a public transportation agency against numerous claims of gender, pregnancy, race, age, religion, national origin, and disability discrimination, harassment, and retaliation throughout Illinois.
  • Successfully represented a major pharmacy against the Department of Labor throughout a whistleblower investigation.
  • Successfully represented two blue-chip corporations against multiple claims of disability discrimination and retaliation before the U.S. Equal Employment Opportunity Commission.
  • Argued an Americans with Disabilities Act case involving the alleged discrimination of an employee due to alcoholism before the Seventh Circuit Court of Appeals after having obtained summary judgment in the federal district court.
  • Successfully defended numerous race, gender, age, national origin, and religion discrimination, harassment and retaliation matters before Illinois Department of Human Rights, Illinois Human Rights Commission and U.S. Equal Employment Opportunity Commission.
  • Obtained preliminary injunction on behalf of manufacturer of computer networking equipment enjoining its former employees from using its trade secrets in a new competing enterprise.
  • Successfully settled a class action under the Fair Labor Standards Act regarding the distinction between employees and independent contractors.
  • Successfully defended a business owner against a sexual harassment and retaliation claim who was alleged to have engaged in an evening of heavy drinking with a female subordinate at a gentlemen’s club wherein the female subordinate was later terminated for cause.
  • Represented management level employees in employment and severance agreement negotiations.
  • Represented employees and employers in litigation arising out of covenants not to compete.
  • Represented employers in proceedings before the Equal Employment Opportunity Commission and the Illinois Department of Human Rights.
  • Represented employers in Fair Labor Standards Act litigation as well as pension fund contribution litigation.

 


Johnson and Bell

Johnson and Bell