Employment Litigation
The attorneys at Kagan Stern strive to keep clients out of court by being proactive with employment advice and counseling. We realize, however, that it is not feasible to avoid litigating employment claims entirely. When it is necessary to litigate an employment dispute, the attorneys at Kagan Stern are well prepared to zealously represent our clients’ interests until the case is finally resolved, whether that is through a negotiated resolution, dispositive motion, jury or bench verdict, panel ruling, or appeal.
Kagan Stern attorneys have extensive experience litigating employment claims throughout the Mid-Atlantic Region in Maryland, the District of Columbia, and Virginia, as well as in other jurisdictions across the country. We litigate in federal and state courts, defend charges of discrimination and other claims before federal, state, and local administrative agencies, and appear before arbitration panels. Our cases involve claims arising under numerous statutes, including:
- Title VII of the Civil Rights of 1964 (race, color, sex, religion, national original, and retaliation)
- Age Discrimination in Employment Act (“ADEA”)
- Americans with Disabilities Act (“ADA”)
- Defend Trade Secrets Act (“DTSA”)
- Family and Medical Leave Act (“FMLA”)
- Sarbanes-Oxley Act (“SOX”) (whistleblower/retaliation)
- Fair Labor Standards Act (“FLSA”) (minimum wage and overtime)
- False Claims Act (“FCA”) (whistleblower/retaliation)
- Immigration Reform and Control Act (“IRCA”) (national origin)
- Consolidated Omnibus Budget Reconciliation Act (“COBRA”)
- National Defense Authorization Act (“NDAA”) (whistleblower/retaliation)
- State laws comparable to many of the foregoing federal statutes
Our cases also involve various common law theories arising out of breach of contract and tort claims, such as:
- Wrongful termination / termination in violation of public policy
- Defamation
- Misappropriation of trade secrets
- Breaches of non-compete, non-solicitation, non-disclosure agreements
- Breaches of other employment agreements
- Fraud
- Tortious interference
- Invasion of privacy
In all cases, regardless of whether the claim is worth millions of dollars or it is more modest in nature, our attorneys aim to be cost-effective. We conduct early case assessments and evaluations to advise clients about respective strengths and weaknesses of the case so that clients can make informed business decisions about proceeding or not proceeding with litigation, including the potential costs and risks associated with the litigation. This assessment and reassessment process continues throughout the entirety of the proceeding in close collaboration with clients to account for new developments. Our attorneys understand that the overall objectives of the client remain paramount at all times and it may be necessary to consider other business interests beyond the litigation when developing a litigation or negotiation strategy.