Executive Compensation Claim
Obtained summary judgment on each of four claims in a case involving an eight-figure bonus compensation dispute by a former senior executive of a FORTUNE 500 company. The potential exposure was approximately $40 million dollars due to liquidated damages, interest and attorneys fees under the North Carolina Wage and Hour Act. The case involved extensive electronic discovery of archived data and a complex fact pattern that spanned a decade of events and compensation plans.
Multi-Country Claims Follow Acquisition
Retained to investigate the conduct of three executives and defend multiple actions arising from the alleged wrongful terminations of these managers following the acquisition of their international company. After an investigation uncovered facts exposing all three executives to significant liability, two of the matters were resolved on favorable terms without trial and the third was successfully arbitrated in Sweden.
Complex OFCCP Audit
Resolved a systemic discrimination claim alleged by the Department of Labor's Office of Federal Contract Compliance Programs, claiming discrimination against several thousand applicants by a large regional employer due to a biased aptitude test. OFCCP originally estimated damages at over $20 million. We resolved the claim for a small fraction of the monetary demand, and as an alternative, devised a creative mechanism for offering jobs over a multi-year period to qualified minority applicants.
Overtime Collective Action
Settled a potentially dangerous collective action claim for unpaid overtime filed on behalf of over 100 current and former employees of an area manufacturer. The claim alleged that the company improperly changed its workweek under the Fair Labor Standards Act, resulting in large claims for overtime pay. The plaintiffs were represented by a national firm specializing in these suits. We demonstrated that the method used to change the workweek was legally defensible and resolved the case for a small fraction of the original demand.
Disability (AIDS) Discrimination Claim
Represented a client in a multiple plaintiff Americans with Disabilities Act claim for discrimination brought by former employees with AIDS/HIV Positive. We favorably resolved a very contentious claim that involved joint employment issues between our client and two separate employee leasing/temporary staffing companies.
Section 1981 Race Discrimination Suit
Obtained summary judgment and dismissal of all claims asserted by a former employee who alleged discrimination against a national retail client in connection with denial of promotions, transfer and termination.
Large National Employer with Tens of Thousands of Employees
Have regularly conducted 50 state reviews for large national employer on a variety of compliance issues ranging from wage and hour compliance, wage garnishment and state and local leave law requirements. The substantive information developed by these reviews was prepared for use by as both resource materials and as components of online tools for client to manage HR compliance.
U.S. Subsidiary in Class Action Case
Represented the employer in an action against a former executive for breach of fiduciary duty and misuse of corporate assets. This lawsuit lead to the recovery of funds by the employer and the voiding of a significant severance package for the executive. In this matter we also successfully defended counterclaims by the executive for six-figure severance benefits.
Publicly Traded Company Facing Public Embarrassment
Within seven months of the filing date, following removal to federal court of a state court action for sexual harassment, intentional infliction of emotional distress, and wrongful discharge, Parker Poe obtained a dismissal of the complaint for failure to state a claim.
Little Time to Lose
Defeated the motion for temporary restraining order after receiving less than a single-day’s notice of a complaint for misappropriation of trade secrets and a hearing on a motion for temporary restraining order. Within four months after the complaint was filed, Parker Poe convinced the plaintiff to dismiss the lawsuit.
Unfair Labor Practice Charges Follow Unionization Efforts
Obtained successful resolution of multiple unfair labor practice charges following active unionization efforts. After several weeks of hearings before administrative law judges and two appearances before the Court of Appeals for the Fourth Circuit, we resolved the claims for a small fraction of the initial exposure and the client has remained union-free.