Employment Litigation

Weil’s Employment Litigation Practice Group is a dedicated, full-service team known for providing employers, boards, board committees, and directors and executives with sound, practical advice regarding their most complex and sensitive employment matters, whether they arise in the boardroom, courtroom, or the human resources suite.

Notable Representations, Key Contacts

Led by a team of first-chair trial lawyers, our Employment Litigation practice services major global corporations and financial institutions across the full array of employment-related issues in the United States and internationally, including:
  • Major class and collective actions alleging claims of discrimination or violations of state and federal wage laws, among other complex employment litigation claims
  • ERISA litigation
  • Restrictive covenant and trade secrets litigation
  • Executive compensation, separation and employment agreements
  • Labor-Management relations
  • Counseling with respect to the full breadth of issues arising from mergers, acquisitions, corporate restructurings and bankruptcies, including large-scale workforce reductions
  • Compliance with workplace statutes, including the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Immigration Reform and Control Act (IRCA), the Worker Adjustment and Retraining Notification Act (WARN), and state and local employment statutes, among others.

In addition to high-stakes litigation, our attorneys also regularly advise and counsel companies, and their boards of directors, board and management committees and senior management, on sensitive internal investigations, internal employment compliance audits, diversity initiatives and compensation arrangements. We also provide training and guidance on personnel policies and procedures to help businesses take preventative measures on matters such as employee performance problems, workforce consolidations, whistleblower claims, and discrimination and harassment complaints.

Our clients repeatedly turn to Weil’s Employment Litigation Practice Group because of the reputation of our practice leaders and their track record of success – which spans the globe. Among many other accolades, each of the partners in our practice is recognized by Chambers USA as among the best in the United States in Labor & Employment litigation or ERISA litigation, and each likewise has appeared for several consecutive years on Human Resource Executive’s “Most Powerful Employment Attorneys” list. Their combined knowledge is the bedrock of a strategically sized practice that addresses employment and labor law issues around the world, and as part of all three of Weil’s primary practice offerings: litigation, corporate, and bankruptcy and restructuring.

Discrimination and Other Complex Employment Litigation: We have defended clients across many industries in class actions and complex cases involving claims based on race, age, sex, disability, sexual orientation, retaliation, and other protected classifications.

Wage and Hour Litigation and Counseling: Our lawyers have defended an array of clients in some of the largest, most complex state and federal class and collective wage and hour cases.

ERISA Litigation: Weil represents clients in ERISA class actions in connection with high-profile cases involving large potential exposures, a number of which involve managed care, pension benefits, and government investigations. 

Restrictive Covenant and Trade Secrets Litigation and Counseling: Weil is consistently recognized as one of the elite U.S. practices for restrictive covenant and trade secrets litigation and counseling.

Labor-Management Relations: Our lawyers are skilled in collective bargaining, and understand the employment issues arising from purchase and sale transactions. 

Transactional and Restructuring Employment Counseling: Weil counsels clients globally on the employment and employee benefits issues that arise in mergers and acquisitions, including identifying and minimizing liabilities associated with any transaction. We also advise clients both in and out of bankruptcy in connection with their efforts to successfully restructure their workforces, including reductions-in-force and plant and office closings.

Workplace Counseling and Investigations: Weil is called upon regularly to provide employment counseling, develop employment policies and procedures, and investigate sensitive employment claims, often confidentially, for our clients.

Executive Employment and Personal Services Agreements: Our lawyers are experienced in executive employment and compensation issues in the context of mergers or other changes of corporate control, including bankruptcies, out-of-court restructurings, government-sponsored capital raisings, and spinoffs. 

International Employment Capabilities: Our clients turn to Weil for counseling on the multifaceted employment and labor issues that typically arise in complex cross-border M&A transactions. 

Selected Representations

Representative Matters

Marsh & McLennan

Merrill Lynch

Tuesday Morning, Inc.

Elite Model Management

American Realty Capital Properties Audit Committee

SDBC. Inc./Brynwood Partners

Sterling Jewelers Inc.

United Health

Restoration Hardware

The Great Atlantic & Pacific Tea Company (A&P)

Key Contacts

Jeffrey S. Klein

Jeffrey S. Klein


New York

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Recent Announcement

Weil has been ranked by Chambers USA since 2008 as among the top five New York Labor & Employment practices, and is currently ranked by Legal 500 as among the top 10 firms nationwide in each of four separate employment-related categories: “Labor and employment disputes,” “ERISA litigation,” “Trade Secrets,” and “Workplace and employment counseling.”

Weil, Gotshal & Manges LLP has a national practice to be proud of. A sound choice for clients needing ‘business sensitive and practical advice.’”

Legal 500 US

Clients in Chambers USA note that Weil is “extremely top-notch,” “very creative,” and “the firm you go to for challenging litigation for which there is not always a clear precedent.”

Chambers USA

The “superb” and “exceptionally strong” team at Weil has “deep subject matter knowledge and exceptional skill” which enables it to achieve “extraordinary results.”

Legal 500 US

Clients emphasize that Weil’s “goal in life is to make things as easy and understandable for their clients as possible. They're extremely detail-oriented and thoughtful.”

Chambers USA

Clients note that Weil’s Employment Litigation practice provides a “very high-quality work product and level of service,” is “outstanding in every respect,” and is a strong choice for “executive-level, uniquely sensitive, or otherwise must-get-it-right advice.”

Legal 500 US

Weil is currently ranked in “Tier 1” nationwide and in New York for “Litigation – Labor and Employment,” as well as in “Tier 1” in New York for “Employment Law – Management” and “Labor Law – Management.”

U.S. News / Best Lawyers “Best Law Firms” 2017

In 2017, Weil’s Employment Litigation practice again scored a trifecta with Human Resource Executive, with two partners again included among its list of “100 Most Powerful Employment Attorneys” and another partner again included in its list of “Top 20 in Employee Benefits and ERISA”

Clients in Chambers USA note that they turn to Weil for “sophisticated, highly complicated matters,” and that we are “very cost-effective.”

Chambers USA

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