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OVERVIEW

Employment Litigation ON YOUR TEAM

Barnes & Thornburg's labor and employment litigators advocate our clients' rights at the administrative agency level, trial courts, and appellate courts throughout the United States. With more than 50 Labor & Employment litigators across our 14 offices, we aggressively litigate your company's interests. 

Experience

With one of the largest Labor & Employment practice groups in the nation, we have experience in a broad array of employment matters across the country, ranging from class action defense, collective action defense, EEOC initiated litigation, and non-compete and trade-secret enforcement. 

Trial Lawyers, Not Just Litigators

Our Labor & Employment group features seasoned trial lawyers with substantial trial experience in state and federal courts. Although alternative dispute resolution should be explored in some matters, it should always be from a position of strength, with the backbone to try cases when necessary.

Results

We measure results by client satisfaction, whether through dismissals of routine agency charges, summary judgments, defense jury verdicts, or appellate results.

EXPERIENCE
  • In a unanimous opinion issued recently by the Indiana Supreme Court, the University of Evansville obtained a complete victory in a lawsuit brought by a tenured professor for breach of contract based on his dismissal for sexual harassment.

    This case represents the end result of seven years of protracted litigation. The University terminated the plaintiff, a tenured professor, following an investigation which concluded that he had sexually harassed one of his colleagues in violation of University policy. The professor responded by filing a breach of contract action in Vanderburgh Circuit Court against the University alleging that it did not properly follow its policies in terminating him. In tandem with this claim, the professor also filed a separate defamation lawsuit against the colleague who claimed that he had harassed her (that case likewise was successfully resolved on summary judgment against the professor). Thereafter, both parties filed motions for summary judgment.

    The trial judge granted summary judgment for the University and summarily denied the professor's competing motion. After the Indiana Court of Appeals reversed this decision, the University (supported by amicus briefs from the Indiana Legal Foundation, Indiana Chamber of Commerce, and Independent Colleges of Indiana) sought to transfer the matter to the Indiana Supreme Court. The Supreme Court accepted transfer and vacated the Court of Appeals’ decision. Following oral argument on the merits of the appeal, the Supreme Court affirmed the trial judge’s decision to grant summary judgment to the University in its entirety. The Supreme Court’s extensively detailed 40-page opinion fully validates not only the investigative procedures utilized by the University prior to terminating the professor, but also conclusively establishes that the University could contractually require its tenured professors to adhere to employment policies containing standards more stringent than those mandated by Title VII.
PROFESSIONALS

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