Rodey Law Firm
 
 
 
 


Representative Matters: Labor and Employment Law


A surgeon brought suit in federal court against our client, one of New Mexico’s largest employers, alleging national origin and age discrimination. The surgeon had been terminated for substandard performance. He claimed his career had been ruined and sought significant damages. The firm obtained summary judgment on behalf of the defendant and an award of costs against the surgeon.


One of our clients, a national defense contractor, asked us to defend a breach of contract claim brought in federal court by a former employee. Plaintiff sought hundreds of thousands of dollars in damages. The firm obtained summary judgment for our client, dismissing all claims. Plaintiff appealed to the 10th Circuit Court of Appeals. The 10th Circuit reversed and remanded the case for trial. After a trial to the bench, we obtained a judgment in favor of the defendant dismissing all claims.


An employee sued our client, a local contractor, in federal court alleging sexual harassment, assault and constructive discharge. We tried the matter to the Court. The judge rejected all of plaintiff's claims at trial and entered judgment for our client.


Our client, a large national retailer, faced claims of breach of collective bargaining agreement from the largest union in New Mexico. The union felt that the company's introduction of certain products undermined its members’ job security. We arbitrated the matter before an arbitrator from the Federal Mediation and Conciliation Service. The arbitrator denied the union's grievance, recognizing that the company had the right to control the products it offered for sale.


In another labor action, a union and various employees filed claims with the National Labor Relations Board claiming that our client, a national grocery store chain, had committed numerous unfair labor practices in violation of federal law. Region 28 of the NLRB agreed and filed a complaint against the employer. We tried the matter for the employer against the NLRB's trial counsel. After three separate evidentiary hearings, stretching over an eight month period, we obtained a complete victory for the employer. The ALJ found that the employer had committed no unfair labor practices. In light of the ALJ's findings that many of the NLRB's witnesses were not credible and that the employer's actions were all supported by sound business judgment, Region 28 decided not to challenge the ALJ's decision.

We also recently:

Had the 10th Circuit Court of Appeals affirm a summary judgment we obtained in a sex harassment case brought against one of the National Laboratories.


Obtained summary judgment for a national oil and gas company in an age, sex and race discrimination case brought in federal court.


Obtained a jury verdict in favor of a local business in a disability discrimination case brought in state court.


Obtained a judgment in favor of a national employer in a sex harassment case tried to the court.


Provided annual training to the entire workforce of a local business, including its field representatives. The training focused on anti-discrimination and anti-harassment laws and highlighted the company’s specific policies addressing these topics.


 
 
 
 
 
 
 
 
 


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