Employment Disputes

Employment Disputes

Ansa Assuncao attorneys handle workplace disputes throughout the country on behalf of employers, including claims of discrimination, sexual harassment, defamation, breach of non-compete agreements and wrongful discharge. We defend our clients during the governmental investigative and administrative processes and civil litigation.

We have experience defending corporate and institutional clients facing civil liability for the alleged intentional, criminal and reckless acts of their employees under theories of negligent hiring, retention, training and supervision. We have successfully managed and resolved matters involving allegations of sexual harassment, sexual assault, sexual abuse of minors, assault and battery, aggravated assault and libel/slander.

We have assisted law enforcement officials in the investigation of crimes perpetrated by employees and coordinated investigations of employees suspected of criminal misconduct. We have also defended employees in criminal matters at our corporate clients’ request. We also provide personnel management counseling and employment law advice to employers, as well as compliance training to employers with regard to various state and federal laws governing employment.

We have substantial experience handling a vast array of employment issues. Our recent employment-related engagements include the following:

  • Defending employers (including Fortune 100 pharmaceutical and chemical companies) in employment-related disputes, including claims of sexual harassment; discrimination based on age, race, gender, disability, religion and national origin; retaliation; wrongful discharge; and defamation. Ansa Assuncao attorneys have tried such cases to verdict.
  • Providing personnel management counseling and employment law advice to employers, as well as compliance training to employers with regard to various state and federal laws governing employment.
  • Coordinating the defense of a nationwide collective action brought under federal and state statutes, sounding in allegations of unpaid overtime.
    Drafting agreements, including employment agreements, separation agreements and confidentiality and/or non-compete agreements.
  • Enforcing noncompetition and confidentiality agreements against former employees of our clients.
  • Assisting corporate client in parallel federal and state investigations and prosecutions of two former employees charged with a number of crimes, including: firearm violations, home invasions, car jackings and a videotaped sexual assault of a minor. These incidents and the trial garnered media attention. The client also retained us to protect the company from civil liability related to the former employees’ criminal activities.
  • Defending a corporate client against allegations of sexual harassment, assault by infliction of bodily injury, intentional infliction of emotional distress, negligent infliction of bodily injury and/or emotional distress and liability under theories of respondeat superior and negligent hiring, supervision and/or training of our corporate client’s employee.
  • Defending an insurance company and its parent corporation against whistleblower and wrongful termination claims brought by former employees.
    Successful defense of a Fortune 100 package delivery and logistic company in a civil lawsuit involving allegations that our client’s employee sexually assaulted a disabled middle-aged woman after gaining access to her apartment while delivering a package. The plaintiff alleged that the company was negligent in the retention and supervision of the employee, based upon reports that the employee had engaged in assaultive and harassing behavior prior to the subject incident. We obtained summary dismissal at the trial court level and preserved the favorable ruling through successive appeals to the state’s highest court.
  • Successful defense of a distribution company in a civil suit involving allegations that our client’s employee violently assaulted a customer over a disputed delivery order. We obtained summary judgment and dismissal of the case at the appellate level.
  • Successful defense of a corporate client in a civil lawsuit in which the plaintiff alleged that the company’s employee gained access to her apartment under the pretext of legitimate company business and then beat, robbed and shot her. This case also garnered substantial media attention and a criminal investigation. We obtained dismissal of the plaintiff’s complaint.

Non-Competition Agreements

Employment agreements that include non-compete provisions are becoming more and more common, as companies seek to protect trade secrets, technological know-how and customer goodwill from departing employees who may seek to join an industry competitor.

If your former employee is violating his or her non-compete agreement, or your past employer is seeking to wrongfully enforce an over-broad or otherwise unenforceable non-competition clause, it is important to retain experienced trial counsel to develop and try your case. For employers, valuable intellectual property may be at risk. For an individual, his or her ability to earn a living and support the family may be under attack.

Our experience with non-compete litigation includes:

  • Prosecuting enforcement of non-compete agreements in both state and federal courts throughout the United States
  • Seeking the enforcement of non-compete agreements through temporary restraining orders or temporary injunctions
  • Handling enforcement actions in the context of various industries, including technology, real estate, insurance brokerage, professional services, and franchise businesses, among others