Equal Opportunities & Employment Law

The Employment Law Group of Gonzalez Saggio & Harlan LLP encompasses a national group of attorneys with diverse and in-depth experience in representing employers in work place matters related to employment law, labor relations, and employee benefits litigation.

GSH attorneys have defended discrimination, whistleblower, and wrongful discharge claims from the charge stage to trial and through appeal. We have obtained summary judgment or favorable verdicts for our clients at arbitration, in administrative proceedings, and before state and federal courts. The firm has also counseled and resolved countless discrimination claims before they turned into lawsuits by providing our clients with strategic advice and counsel. Our attorneys regularly counsel clients on employment policies and practices, and provide training on the proper implementation and enforcement of appropriate policies and counseling practices.

GSH attorneys provide advice in addressing union-related issues, including counseling private and public sector employers on how to defend against union organizational activity, conducting election campaigns on behalf of management, labor arbitrations, collective bargaining negotiations, and defense of unfair labor practice charges before the National Labor Relations Board. Firm attorneys have worked as in-house counsel and outside counsel on labor related matters, including but not limited to, employee relations, labor contract negotiations, discipline and termination grievances, labor standards violations, and employee leave law violations. We have represented management in labor negotiations with numerous unions, including Teamsters, SEIU, ATU, Laborer’s, AFSCME, and IAMAW.

Finally, we have assisted employers in handling discipline and discharge issues, managed large reductions in force issues, reviewed wage and hour practices, defended compliance reviews, and drafted employment policies and contracts. We have written, reviewed and revised sexual harassment and other policies, and employee handbooks to ensure that our clients had remedial remedies in place, and thus maximum protection under the law.

Representative Experience

• Successfully represented a major auto parts retailer where the Equal Employment Opportunity Commission (EEOC) filed suit in the United States District Court for the Eastern District of Wisconsin, alleging that the Defendants violated Title I of the Americans with Disabilities Act by denying a former employee a reasonable accommodation and terminating her employment. The case went to trial on a Monday and that Friday, after several hours of deliberation, the federal jury entered a verdict in favor of both Defendants relative to the EEOC’s claims.
• Won jury trial involving a litigious former employee of a Fortune 500 Energy Company, who sued our client five times. In this lawsuit, Plaintiff claimed a breach of prior settlement agreement, asserting claims of retaliation, defamation, and emotional distress. The entire matter was initially dismissed during summary judgment. On appeal in the Seventh Circuit, a small portion of the case was remanded. With several hundreds of thousands of dollars of attorney’s fees at stake, and 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.
• After arguing at the Eigth 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.
• Defended a national drug retailer in a Title VII (race, gender) and ADA discrimination and retaliation case. The Plaintiff, an African-American long-term female employee, had befriended a manager who overlooked her violations of the Company attendance policy and other work rules. The manager was eventually released, and the replacement management team imposed a strict, uniform enforcement of the same rules. The Plaintiff was on an extended leave for depression when the transition occurred, and was fired less than one month after her return. In addition to her federal statutory discrimination and retaliation claims, Plaintiff also asserted companion claims under the Ohio Fair Employment Practices Act, which imposes individual liability upon supervisors for employment decisions found to violate the Act. Plaintiff demanded over $250,000 at court sponsored mediation, and rejected a considerable offer from the corporate Defendant. GSH’s subsequent Motion for Summary Judgment was granted on all counts asserted against both the corporate as well as the individual Defendants.
• Represented a Fortune 100 Financial Institution in state and local law discrimination claims at director level by a long-term employee alleging denial of promotion and diminished job responsibilities as a result of his sexual orientation. Under client’s employment handbook, this matter was subject to arbitration under the American Arbitration Association. Nature of employee’s work included highly sensitive confidential financial projections and resulted in significant e-discovery issues. Successful deposition of claimant, and defense of four high-level executives at their depositions, led to a very favorable settlement, including the employee’s voluntary separation from the institution.
• 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.
• 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.