Overview

Butzel's labor and employment team has a rich and favorable track record in employment litigation. We have successfully defended employers in federal and state administrative, trial, and appellate matters. Our attorneys have appeared before the United States District Courts, United States Courts of Appeal, and the United States Supreme Court. We regularly practice before the Equal Opportunity Employment Commission, the United States Department of Labor, the Office of Federal Contract Compliance Programs, the Occupational Safety and Health Administration, the National Labor Relations Board, the Pension Benefit Guaranty Corporation, the National Mediation Board, and their state equivalents.

We litigate claims arising out of the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Fair Labor Standards Act, the Family Medical Leave Act, Title VII of the Civil Rights Act, the WARN Act, and other discrimination claims, wrongful discharge claims, non-compete claims, unfair labor practices claims, and constitutional claims.

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Experience

  • In case of first impression, obtained summary judgment in favor of cargo airline carrier of claim for retaliatory discharge in violation of the Railway Labor Act, based on statute of limitations.
  • Set aside arbitrator's award
  • Obtain summary judgment in Sec.1983 action
  • Represented hospital in alleged employment discrimination
  • Obtained summary disposition in favor of major University on claims for gender discrimination and retaliation.
  • Represented University in alleged employment discrimination
  • Represented national parking facility operator in class and collective action for overtime and discrimination on basis of national origin. Achieved narrowing of class to one shift at one garage on overtime issues and dropping of the discrimination class.
  • Obtained directed verdict at trial on behalf of defended corporation in employment whistleblower action.
  • Union elections and negotiations
  • Represented a major medical center in libel and breach of contract action. Motion to dismiss claim of compelled self-defamation granted
  • Summary disposition affirmed by the Michigan Court of Appeals
  • Represented a community based health center in successful defense of charges by former personnel director of discrimination against employees based on age and retaliation against him personally
  • Obtained summary disposition in favor of major University on claims for sexual harassment and breach of employment contract, affirmed, Michigan Court of Appeals.
  • Successfully represented client in breach of executive level employment agreement.
  • Represented defense industry company in alleged employment discrimination
  • Breach of employment contract; no cause in Federal Court jury trial
  • Represented technology consulting company
  • Successfully represented employer in a wage and hour collective action.
  • S & R Equipment Co., v. Stanley. Represented employer in successfully negotiating settlement of covenant not to compete suit against former employee.
  • Sex discrimination; no cause in state court jury trial
  • Represented a national parking facility operator in case brought by two individuals alleging overtime and discrimination claims on the basis of national origin and sex and sexual harassment
  • Regularly represents large India based IT company in employment disputes including discrimination, overtime claims, breach of contract and breach of confidentiality agreements
  • Represented pipeline company in alleged sex harassment, race discrimination, and retaliation
  • Ongoing representation for numerous casino clients in a variety of OSHA issues
  • As lead counsel in labor, employment discrimination, public contract law, education law cases
  • Received numerous dismissals of EEOC or state agency charges on behalf of a major automotive supplier
  • Successful defense of numerous cases asserting discrimination based on gender, age and disability
  • Omega Productive Services v. Mack. Represented employer in successfully obtaining injunction and then negotiating settlement of covenant not to compete suit against former employees and new employer.
  • Represented global staffing, employment and recruiting company nationally in trade secret and non-compete matters and obtained injunctions in approximately 70 cases in 2007-2008.
  • Successfully represented national service provider in overturning trial judgment for plaintiff in claim for race discrimination - failure to promote before Michigan Court of Appeals.
  • Successfully prevented continued theft of corporate assets
  • Secured permanent and preliminary injunctive relief in trade secret and non-compete matters for national CPA and business advisory firm
  • A summary disposition was affirmed in an age discrimination and retaliation case.
  • Defended corporation in employment whistleblower action
  • Trial verdict in favor of major University on claim alleging wrongful discharge/breach of employment contract.
  • FMLA case; obtain summary judgment in Federal Court
  • Sherwin Williams v. Kuperschmidt. Represented employer in successfully negotiating settlement of covenant not to compete and unfair competition suit against former employee.
  • Superior Consultant Co., Inc. v. Walling. Represented employer in successfully obtaining injunction enforcing covenant not to compete against former employee. 851 F. Supp. 839 (1994).
  • Employment advice - re: litigation
  • Obtained summary disposition in favor of national media client on claims for gender discrimination, retaliation and violation of Sales Representative Commission Act.
  • Represented technology and management consulting company in covenant not to compete
  • Represented Travelers Insurance against a workers' compensation price fixing conspiracy claim (American Association of Retired Persons v. National Surety Corp.).
  • Red Group v. Gattari. Successfully defended former employee in two lawsuits initiated by former employer alleging violations of a covenant not to compete and related claims.
  • Defended EEOC charges across the country for one of the world's largest business outsourcing companies.
  • Defended corporation in employment whistleblower action
  • Represented a major hospital in ERISA litigation and contract case
  • Represented healthcare company in issues regarding Bullard Plawecki Employee Right to Know Act
  • Represented filtration management company in trade secrets lawsuit.
  • Successful defense of major construction industry manufacturer against claims of employee raiding
  • Represented telecommunications equipment company regarding Uniform Trade Secret Act
  • Superior Consultant Co., Inc. v. DeSimone. Represented employer in successfully obtaining injunction and then negotiating settlement of covenant not to compete suit against former employee and new employer.
  • Representation of numerous employers in actions involving "corporate raiding" of executives in financial services and other industries
  • Defended a major financial management company against numerous claims for violation of non-solicitation and confidentiality agreements over a ten year period.
  • Sherwin Williams v. Nevada Color. Represented employer in successfully negotiating settlement of covenant not to compete and unfair competition suit against former employees.
  • Represented University regents in alleged retaliation
  • Successful representation of investment bank against former managing directors for breach of confidentiality and non-solicitation provisions.
  • Race discrimination; summary judgment in promotion case
  • Successfully defended a lawsuit brought by former CEO seeking payments under employment contract and ERISA
  • Obtained summary disposition in favor of national retailer on claims for race discrimination, intentional infliction of emotional distress and negligence.
  • Obtained favorable case evaluation settlement on behalf automotive supplier in employment whistleblower action.
  • Hybrid 301 action
  • Complex employment litigation arising under the Americans with Disabilities Act
  • Race discrimination; dismissal in Federal Court bench trial
  • ERISA action; obtain summary judgment in Federal Court
  • Obtained summary judgment on behalf of retailer clothing chain in employment wrongful discrimination action.
  • Dismissal of a breach of contract/ Whistleblower claim
  • Represented an individual defendant in second case against him and employer alleging sex discrimination, harassment and retaliation
  • Epoch Tristar v. Bixby. Defended former employee in lawsuit initiated by former employer alleging violations of a covenant not to compete and related claims. Successfully pursued counterclaim and negotiated settlement.
  • Sherwin Williams v. Biggers. Represented employer in successfully obtaining injunction enforcing covenant not to compete against former employee. 851 F. Supp. 839 (1994).
  • Obtained a no cause jury verdict for a McDonald's franchisee in a religious discrimination case.
  • Represented large retail chain in alleged defamation, retaliation, implied employment contract
  • Represented a technology and management consultant company that primarily provided services to health care providers
  • Tortious interference and defamation; no cause in jury trial
  • Represented an individual defendant in case alleging sex discrimination, harassment and retaliation. Companion case to action brought by EEOC against employer
  • Defended and won summary judgment in favor of former employees dismissing claims brought by employer alleging breaches of fiduciary duty, unfair competition, and tortious interference with business opportunities.
  • Jury trial verdict in favor of major University in gender discrimination case. Affirmed by Michigan Court of Appeals.
  • Defend corporation in employment discrimination action
  • Defended and won summary judgment in favor of a national insurance company, dismissing claims of breach of contract and wrongful termination brought up by former employee.
  • Represented and advised employees with respect to employment agreements separation agreements, releases and related concerns.
  • Prevailed on Motion for Temporary Restraining Order enforcing non-compete agreement
  • Unfair competition and trade secret litigation
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