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Labor and employment litigation is costly, often unnecessary and almost always the least effective way to achieve a favorable result. Because of the intense emotions involved, it usually takes more time to resolve this type of litigation than other types.

Foster Garvey attorneys have been extremely successful helping clients avoid this waste of resources. A primary reason for this success is Win². Developed by our firm, this process enables parties to a filed or threatened lawsuit to assess at an early stage whether the dispute can be resolved constructively, before they spend large amounts on legal fees and their positions harden.

Win² is designed to resolve most employment litigation within two months of a lawsuit being filed. Win² is based on a collaborative discussion model. Parties exchange information voluntarily at the beginning of a lawsuit or a dispute. Most disputes or lawsuits in which we have used Win² (more than 50) have been resolved without significant discovery, cost or disruption to our client’s operations. Some disputes, of course, can be resolved only with a lawsuit or administrative proceeding. In that event, we vigorously and tenaciously represent our clients.

Our lawyers have experience defending a broad spectrum of businesses and other organizations against a variety of claims, including:

    • Discrimination
    • Harassment
    • Wrongful discharge
    • Whistle-blower and other retaliation
    • Common law torts such as defamation and infliction of emotional distress
    • Violation of wage and hour laws
    • Employee benefits laws

The Foster Garvey Labor, Employment & Immigration team also represents employers in disputes involving noncompetition and nondisclosure clauses as well as other employment-related contract provisions.

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