Employment Practices Liability (EPL)

Our team routinely counsels and defends clients facing the full gamut of Employment Practices Liability (EPL) matters, including cutting-edge employment-related concerns and emerging issues involving new statutes, regulations, agency guidance, and case law.

Drawing on the full resources of the firm’s robust and nationwide Employment and Labor Practice Group, our team-based and client-tailored approach always begins with strategic efforts to reduce risk, mitigate potential liability, and improve practices to keep employers free from the demands and expense of litigation. However, as a firm founded by trial attorneys, we have the courtroom clout and extensive litigation experience to meet any unavoidable disputes with consensus-based and comprehensive strategies, and to resolve them as quickly and cost-efficiently as possible, following whatever path best aligns with each client’s immediate needs and long-term goals.

Exhaustive Employment Litigation Experience

Our Employment Litigation team frequently represents employers as well as EPL insurance carriers in state and federal courts across the country, through various avenues of alternative dispute resolution, and before federal agencies such as the U.S. Equal Employment Opportunity Commission, the Department of Labor, the National Labor Relations Board, and the Occupational Safety and Health Administration — as well as local and state agencies that address harassment, discrimination, retaliation, family medical leave, and sick pay. Our successful dispute resolution record spans the full range of federal and state statutes invoked during employment litigation.

Employment Practices Training and Proactive Risk Management

Our ability to assist employers with training and risk management sets us apart. While employers across industries think of Goldberg Segalla for high-stakes litigation, we’ve built long-term relationships on the premise of lowering legal spending and reducing the incidence of distracting and potentially damaging EPL claims.

And our methods work. Attorneys across our national Professional Liability and Employment and Labor Practice Groups monitor breaking developments in case law and state and federal statutes, as well as emerging and evolving trends in EPL claims and judicial decision-making, and we provide our clients with valuable news and analysis through email alerts, webinars, and other communications on a rolling basis. We routinely perform risk management assessments and develop comprehensive claims and litigation avoidance strategies for our clients, and we offer on-site training — both to the executives and human resources departments of insured employers, as well as claims executives, underwriters, and third-party-administrators — on the full spectrum of employment issues, including:

  • Background checks
  • Drug and alcohol testing
  • Handbooks and personnel policies
  • Harassment and discrimination
  • Hiring practices, performance reviews, and terminations
  • Internal investigations
  • Leaves of absence
  • Reasonable accommodations
  • Reductions in force
  • Restrictive covenant agreements and litigation
  • Retaliation and whistleblower claims
  • Wage and hour
  • Workplace violence

Our Profession Is Protecting Yours

We understand the legal and operational pitfalls of Employment Practices Liability claims and litigation — along with the pressures that employers of all sizes face to comply with and adapt to overlapping and ever-changing laws and regulatory guidance — because our attorneys have experienced them firsthand. Drawing on previous work as in-house counsel, executives, and human resources officers at various companies in multiple industries, we bring to each matter an unparalleled wealth of industry-specific knowledge and a sensitivity to each client’s operational model and unique needs. In addition, many of the attorneys practicing across the firm’s Employment and Labor and Professional Liability Practice Groups are active members and hold leadership roles in prominent legal and business organizations including:

  • Federation of Defense and Corporate Counsel (FDCC)
  • Defense Research Institute (DRI)
    • Professional Liability Committee — Chair
    • Employment and Labor Law Committee — Former Chair of Employment and Labor Seminar
  • American Bar Association (ABA)
    • Tort Trial and Insurance Practice Section (TTIPS) Professional Liability Insurance Committee (PLIC) — Chair
    • Section of Litigation Committees on Employment & Labor Relations, Insurance Coverage Litigation, and Professional Liability Litigation
  • New York State Bar Association (NYSBA) Labor and Employment Law Committee
  • New Jersey State Bar Association (NJSBA) Labor and Employment Law Section
  • National Public Employer Labor Relations Association
  • New York State Public Employer Labor Relations Association
  • National Center for the Study of Collective Bargaining in Higher Education and the Professions
  • Organization of Public Employer Negotiators
  • Professional Liability Underwriting Society (PLUS)
  • Claims and Litigation Management Alliance (CLM)
  • Society for Human Resources Management
  • National Retail and Restaurant Defense Association (NRRDA) — Board of Directors
    • Employment Practices Committee — Board Advisor and Former Chair
  • Truckload Carriers Association
  • American Health Lawyers Association (AHLA)
  • Women Presidents' Organization (WPO)

This invaluable collective background positions us to integrate and apply our services seamlessly and efficiently, and to assist management, human resources, and in-house counsel — as well as EPL insurers — in resolving any type of individual or collective EPL claim.