Roeser Tanner & Graham litigators have decades of employment litigation experience representing clients in matters arising under federal and state law, including Title VII, the Illinois Human Rights Act (IHRA), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). With the understanding that no two employment disputes are the same, we are skilled at navigating the unique legal issues, factual background details and business stakes that differ from case-to-case.
We work closely with clients to develop and implement effective policies and practices to prevent employment disputes before they arise and provide strategies to limit potential liability in the event litigation does occur. When issues do arise, we work diligently to advise clients on practical and unique solutions for resolving disputes before they escalate.
In cases where litigation cannot be avoided, our attorneys bring a wealth of litigation and trial experience to achieve successful results for clients that are efficient and cost-effective. Our litigators successfully defend clients in cases brought by the Equal Employment Opportunity Commission (EEOC), the Department of Justice and private plaintiffs asserting all manner of employment-related claims.
In addition to our management-side representation, we counsel executives and senior level employees with employment contracts, fiduciary duties, severance packages, noncompete and nondisclosure agreements, and other matters relating to employment rights and obligations. We represent C-suite and senior-level professionals, including chief financial officers, senior operations executives, chief operation officers, officers and directors, and senior sales representatives.
Examples of the successful results we have obtained for our clients include:
Employer Defense Litigation
Successfully defended corporate employer against class claims asserted by the EEOC. Obtained judgment in client’s favor and award of attorneys’ fees for claims the court deemed “frivolous after discovery” and “stood no chance of success” (Illinois Federal Court).
Represented companies throughout Chicagoland on employment matters, including terminations, internal investigations, breaches of fiduciary duty, separation and release agreements and claims of discrimination and retaliation.
Employee Litigation / Discrimination Claims
Prosecuted employment discrimination claims on behalf of former employee against multinational corporation and prosecuted sexual harassment and retaliation claims against state employer (Illinois Federal Court).
Commission and Wage Claims
Obtained summary judgment on behalf of employer against former sales representative on claims of unpaid commissions. Successfully argued case of first impression regarding commissions to the United States Court of Appeals for the Seventh Circuit.
Noncompete and Other Post-Employment Disputes
Successfully represented both businesses and individuals in cases involving noncompete agreements and other post-employment matters. Obtained temporary restraining order preventing a former employee from breaching the noncompete and nonsolicitation provisions of a covenant not to compete in which the employee allegedly obtained confidential customer information and used that information to launch a competitive business.
Breach of Fiduciary Duty and Shareholder Claims
Defeated claims against the majority shareholder and president of an internet company in which the plaintiff, the minority shareholder, attempted to force the sale of the company alleging breach of fiduciary duty, breach of contract and violation of the Illinois Business Corporation Act.
Emergency Litigation / TROs
Frequently represent businesses, officers, directors and other individuals involved in emergency litigation and claims for injunctive relief, including claims for trade secret misappropriation, breach of noncompete and nondisclosure provisions and other matters requesting injunctive relief.
Officers, Directors and Executives
Regularly counsel officers, directors, executives and employees on successful resolution of corporate and personal legal matters, including fiduciary obligations, severance agreements, terminations, trade secret enforcement and noncompete agreements.