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| Equal Opportunities & Employment Law Department |
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The Equal Opportunities & Employment Law Department of Gonzalez Saggio & Harlan LLP has extensive experience in employment, public accommodations and credit discrimination litigation. We have obtained numerous favorable jury verdicts for our clients in federal discrimination cases and have established a successful appellate practice. Our department provides training for clients in such areas as diversity; supplier diversity; equal employment opportunities; union avoidance and maintaining a harassment-free workplace. Our attorneys have drafted employee handbooks, handled discipline and discharge issues, managed large reductions in force issues, reviewed wage and hour practices, and written affirmative action plans. We also engage in preventive, day-to-day counseling with clients on a wide range of labor and employment issues. |
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| Representative Experience |
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- Recently won jury trial involving a litigious former employee of an energy company, who has sued her then, and now former, employer five times. In this fifth lawsuit, the Plaintiff claimed that a prior settlement agreement between the parties had been breached. She also asserted claims of retaliation, defamation, and emotional distress. Plaintiff sought to capitalize on a provision of the settlement agreement, which provided that the Company would respond to reference requests for the Plaintiff by following its reference check policy, by engaging the services of third parties to contact the Company to see if it would commit a technical breach of its reference check policy and thus the agreement. The entire matter was initially dismissed during summary judgment. However, the Plaintiff appealed, and the Seventh Circuit remanded a small portion of the case. Plaintiff was permitted to have a jury determine whether a conversation between her job search agent, a man whose services Plaintiff purportedly had engaged to help her find full-time employment, and in-house counsel for our Client had breached the settlement agreement. With several hundreds of thousands of dollars of attorney’s fees at stake if Plaintiff was to prevail, GSH set out to prove that our Client’s actions were appropriate and that the individual who contacted the Client on behalf of Plaintiff was acting as her agent. After a two-and-a-half day trial, the jury deliberated for approximately two hours before rendering a verdict that vindicated our Client. The Plaintiff again appealed to the Seventh Circuit, which subsequently affirmed the jury verdict in its entirety.
- Won a case for financial services and banking client. The Plaintiff, who had Meniere’s Disease (hearing loss and balance problems), had worked as a customer service representative (teller) for six years. Over those years, she had demonstrated a persistent problem with cash handling and shortages. Although she had received written warnings and had been placed on probation twice, no further disciplinary action had ever been taken. The bank fired Plaintiff's 49-year old branch manager and brought in a 24 year old to take his place. The new branch manager immediately focused on Plaintiff's cash handling problems and issued a number of written warnings. Within six months, at the new branch manager's suggestion, the bank fired Plaintiff. Plaintiff claimed the termination was due to her age and disability and in retaliation for taking an FMLA qualifying leave of absence. Plaintiff offered evidence that the new branch manager and her new office manager had called Plaintiff "slow" and had made fun of her inability to hear. As co-first chair, along with the client’s national employment counsel, included conducting voir dire, cross-examination of Plaintiff and her two witness, direct examination of two client witnesses, as well has closing arguments. Our attorney was up against a judge known to be friendly to plaintiffs and a well-known plaintiff employment litigation firm as opposing counsel. The last settlement demand was $150,000.
- Represented client involving defense costs in the mid six figures. The Plaintiff used a major law firm and was litigating the issue of retaliation. Although the underlying harassment claim was fully defensible in our view, because the Plaintiff quit almost immediately after she left her employment (and had no real earnings history because of chronic alcoholism), the EEOC made a finding that a letter sent by another lawyer threatening a slander action. (She was “bad mouthing” the client). GSH attorneys took over and used a “so what” legal defense to the letter, arguing that the Plaintiff suffered no adverse employment action because she quit and, after two days of depositions, we established that her inability to find work was due to her alcohol problems. The case settled in mediation for a very modest amount. The opening number was in the mid six figures, most of which was for attorneys fees.
- After arguing at the 8th Circuit Court of Appeals a year ago, we received a per curium opinion affirming the lower court’s ruling granting summary judgment in favor of our client, a Fortune 100 Global Chemical Company, in an employment discrimination case. Plaintiff made claims of national origin discrimination. The Court of Appeals held the District Court ruled appropriately when it granted summary judgment because Plaintiff could not show a prima facie case of discrimination.
- Represented large client when the plaintiff was discharged for repeated attitude and performance problems. Plaintiff claimed her termination was an act of age and/or disability discrimination. The matter proceeded to hearing. We eventually resolved this matter satisfactorily for a settlement of under $10,000.
- Represented nationwide bank in a lawsuit where a former employee's spouse sued the bank for defamation. The Plaintiff alleged that the bank made defamatory statements about him to the police. The bank called the police when the Plaintiff entered the bank’s branch (where his wife was formerly employed) just a few hours after she was terminated. He acted in a strange and threatening manner. We tried the case to a jury. The jury found in our favor and concluded that our client was not liable to the Plaintiff.
- Represented a Fortune 500 employer in a jury trial involving claims of wrongful termination in violation of public policy (whistleblower) and breach of implied employment contract. The jury returned a verdict in favor of the employer on the whistleblower claim and hung on the contract claim, which the parties settled.
- Represented client with respect to an employment discrimination claim filed by a former employee based on sex, age, disability, and FMLA discrimination charges. We were able to get the disability claim dismissed and settled the remaining claim for $7,500.
- Represented employer when plaintiff filed a claim in for negligent retention, hiring, and training because he was assaulted by a co-worker. We brought a motion to dismiss for failure to state a claim, because the claim was barred by the exclusive remedy provisions of Wisconsin’s workers’ compensation law. Plaintiff dismissed his claim for attorney’s fees and costs (including a threatened motion for sanctions under the Wisconsin equivalent of FRCP 11).
- Handled federal discrimination case involving a claim of racial discrimination and harassment filed against a large transportation company. A jury found for our client, deciding that the worker did not suffer from a racially hostile workplace, as he had contended.
- Obtained a defense verdict on all claims in one of the most highly publicized and watched race discrimination cases in the City of Milwaukee. A defense verdict on all claims was achieved in this case.
- Won summary judgment representing a nationwide restaurant chain in a race discrimination case, where a cook for the restaurant alleged he had been discriminated against.
- Represented hospital where summary judgment was granted, dismissing plaintiff’s claims of race discrimination and retaliation for filing an EEOC Charge of Discrimination.
- Handled federal discrimination case involving a claim of racial discrimination and harassment filed against a large transportation company. A jury found for our client, deciding that the worker did not suffer from a racially hostile workplace, as he had contended.
- Obtained a complete victory for a Fortune 500 company in a federal jury trial against a former employee claiming breach of a prior settlement agreement reference check provision.
- Represented national non-profit association with regard to workers' compensation claim; where upon appeal, the claim was reduced by 98%.
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