Employment Counseling & Litigation

HNRK’s Employment Law & Counseling practice is unique in that its labor and employment attorneys have private firm, government, and in-house experience in addition to significant expertise in trial litigation, arbitration, administrative agency, negotiation, and client counseling.  HNRK stands ready to further clients’ interests, whether they are startups or large multinationals, public sector or private, international or domestic. HNRK represents management clients in such employment litigation as discrimination, harassment, retaliation, or illegal pay practices; prosecuting or defending claims arising from restrictive covenants; and other employment-related agreements.

HNRK has the knowledge and foresight to guide clients in developing effective business conduct policies and procedures to comply with labor and employment laws and to preempt potential employment litigation exposure. Clients regularly seek our counsel on employment-related issues, including not only separations, hiring, and discipline, but leaves of absence and employee relations matters. Clients also have access to a range of HNRK’s on-site client training programs, including harassment, discrimination, and workforce audits.

Representative Matters

• Mitchell v. Metropolitan Transportation Authority Capital Construction Corporation (S.D.N.Y.) – Won dismissal on summary judgment of race discrimination and retaliation claims brought by two separate plaintiffs against two separate defendants.  Notably, the Court rejected a retaliation claim based on an employer’s tolerance of an employee’s employee performance prior to termination, because “nearly all sub-standard employee performance is tolerated for some time by the employer before it results in a discharge.”  This common-sense approach to the modern workplace will likely be cited frequently in future defense briefs and judicial opinions.

• U.S. v. Triborough Bridge and Tunnel Authority (E.D.N.Y.) – Successfully negotiated a settlement agreement for the Triborough Bridge and Tunnel Authority (TBTA) resolving a long-standing dispute with the U.S. Department of Justice and the EEOC over claims that TBTA had engaged in a pattern or practice of discriminating against pregnant Bridge and Tunnel Officers by allegedly removing them from patrol duty after TBTA’s company physician learned they were pregnant. HNRK is currently representing TBTA with respect to compliance with the terms of the settlement. 
• Hockenjos v. Metro-North Railroad (S.D.N.Y., 2d Cir.) – Won dismissal on summary judgment (upheld on appeal) of a claim brought by a dismissed capital planning engineer claiming his dismissal was in violation of his FMLA rights, his right to a reasonable accommodation, and his rights under whistleblower laws.
• Vangas v. Montefiore Medical Center (2d Cir.) – Won a reversal of a lower court judgment affirming a jury verdict for the plaintiff on a claim brought under the ADA, COBRA, and the New York State and City Human rights laws.
• Gaujacq v. Electricite de France International (D.C. Cir.) – Won an appeal in the D.C. Circuit affirming summary judgment for the defendant employer, a major French utility, dismissing a sex discrimination and retaliation suit brought by the former head of its Washington, D.C. representative office. 
• Crockett v. Pataki (2d Cir.) – Won an appeal affirming summary judgment dismissing discrimination claims against the governor and Division of Housing and Community Renewal (DHCR) officials by a former agency executive.
• Gallegos v. Elite Model Management Corp. (1st Dep’t.) – Won an appeal in the First Department, vacating a $4.3 million jury award for pain and suffering in favor of a former employee of a modeling agency who had obtained the verdict for wrongful termination and personal injury due to alleged exposure to second-hand smoke.
• Henderson v. New York City Transit Authority (S.D.N.Y.) – Obtained favorable settlement in case brought by a staff attorney in NYCTA’s Law Department under Title VII, the ADEA, and 42 USC §1983, complaining of a failure to promote and other discriminatory treatment on account of her gender, age, and race.