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Skilled Employer Litigation Defense Firm in NYC

Dr. Nick Oberheiden
Attorney Nick OberheidenNYC Employer Litigation
Team Lead
envelope iconContact Nick
New York City address – by appointment only:
30 Wall Street, 8th Floor
New York, NY 10005
212-970-9468

Any employment dispute can lead to a wide range of liabilities for a corporation or business, especially if they do not respond appropriately to these allegations. Any company can be at risk for employment litigation, with accusations ranging from discriminatory practices to contract disputes. These allegations can be more complex than other types of business litigation issues. For that reason, hiring an experienced law firm to defend your business against these claims is vital. Oberheiden P.C. has a skilled team of litigators ready to defend you against these serious legal matters.

Federal Defense Counsel for Employment Disputes

When your business’s reputation is at risk, you need an experienced law firm to defend your interests against employment litigation and disputes. Our senior attorneys have represented employers in many diverse industries, handling issues involving at-will employees, organized labor claims, and contract workers. Our employment litigation defense firm understands all the complexities of both federal- and state-level litigation. At Oberheiden P.C., our New York City employer litigation defense lawyers will defend your business against any accusation.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd
Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester
Brian J. Kuester

Former U.S. Attorney

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Joe Brown
Joe Brown

Former U.S. Attorney

Local Counsel

John W. Sellers
John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara
Linda Julin McNamara

Federal Appeals Attorney

Aaron L. Wiley
Aaron L. Wiley

Former DOJ attorney

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (DOJ)

Chris Quick
Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow
Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

Choose Oberheiden P.C. as Your Employment Defense Firm

When you need legal counsel for employer defense litigation, contact Oberheiden P.C. Take a look at these reasons to choose us as your defense team:

We Employ Senior Attorneys

Every attorney at Oberheiden P.C. has senior-level experience in federal defense litigation. With us, we will be a reliable legal advisor and advocate on your side, helping to craft the strongest defense strategy for your case.

We Work with Former Federal Investigators

Along with our senior lawyers, our team of investigators and trial consultants will piece together the facts of your case. These individuals can investigate any allegation and gather evidence to defend your company.

We Have a Proven Track Record

With thousands of defense cases successfully litigated throughout the United States, we like to allow our results to speak for themselves.

We Will Defend Your Business in Employment Disputes and Litigation

At Oberheiden P.C., we will help defend your business against all types of employment-related issues, such as:

Employment Contract Disputes

Oberheiden P.C. has represented employers in these contract disputes with employees. Our team can resolve these disputes with mandatory mediation, arbitration, settlement negotiations, or court litigation. Usually, these claims will surface after the employee has been terminated from the company. These disputes can involve many issues, such as the right to severance compensation or violating non-compete agreements.

Employee vs. Independent Contractor Classification

Often, employers may be accused of misclassifying their employees to avoid paying benefits, overtime, or time off. With these allegations, the company can face an investigation from the Internal Revenue Service (IRS) and pay for damages in civil litigation. If an employee claims they have been misclassified as an independent contractor, you will want to contact our law firm. Our legal team has successfully defended employers against claims that they have denied compensation, Social Security, and other benefits to their employees.

ERISA Disputes and Litigation

The Employee Retirement Income Security Act (ERISA) offers protection to employees. Remember that these protections are limited, but an employer still needs a strong defense counsel to litigate against any ERISA-based claim. Along with representing employers in civil litigation under ERISA, our legal team will provide defense counsel in any federal investigation regarding these laws.

Federal Discrimination Claims

According to several federal laws, any discrimination is prohibited in the workplace. These same laws apply to the hiring, promotion, discipline, and termination of your employees. Federal law outlines the legal remedies for reinstatement, damages, and protection against retaliation if you are found guilty. We have successfully represented clients in discrimination claims involving these federal laws:

  • Americans with Disabilities Act (ADA)
  • Age Discrimination in Employment Act (ADEA)
  • Genetic Information Nondiscrimination Act (GINA)
  • Title VII of the Civil Rights Act of 1964

FMLA and FFCRA Claims

The Family and Medical Leave Act (FMLA) allows employees to have unpaid job protection while they care for their loved ones or themselves. Additionally, the Families First Coronavirus Response Act (FFCRA) extends that protection to employees with suspected or actual COVID-19 symptoms. Employers can face litigation involving these protections. In many cases, the employee is at fault for not providing the proper documentation or failing to meet eligibility. At Oberheiden P.C., our attorneys and investigators will look into these allegations and provide a solid defense against any of these employee-related claims.

Retaliation Litigation

Employees have protections under the law when it comes to retaliation. The federal government understands the need to protect workers, especially against employers who may retaliate when any employee asserts their rights. However, some employees may make an accusation of retaliation without any evidence. Those unfounded claims could damage your reputation even if your business did not participate in those activities. In these cases, we will provide you with a defense that clearly explains the basis for any employment action.

Wage, Hour, and Overtime Claims

Many wage, hour, and overtime complaints will involve the Equal Pay Act, state employee compensation, or the federal Fair Labor Standards Act (FLSA). At Oberheiden P.C., we have experience representing non-union and union employers in these claims. Our legal team has defended clients against allegations of misclassifying exempt and nonexempt employees, miscalculating ordinary or overtime pay, and other compensation violations.

Workers’ Compensation, Personal Injury, and Wrongful Death

Any liability claim, whether causing work-related injuries or fatalities, could lead to substantial financial damages to the business. Oberheiden P.C. has defended employers against legal action concerning work compensation benefits, punitive damages, and compensatory damage claims. Many of these claims have been filed by the employee or their family members seeking compensation for a work-related incident.

Whistleblower Litigation

Whistleblower litigation is a substantial liability for any employer. For that reason, these companies and individuals need to execute a defense strategy to counteract these claims. At Oberheiden P.C., we have experience representing many clients against these legal claims.

Answering Your Employer Litigation Defense Questions

Why Do Employees Pursue Litigation Against Employers?

 

Disputes with employees can occur for a variety of reasons. An employee may feel like they were not appropriately treated or compensated fairly. In many cases, the employee believes they did not get the right amount of money on their paycheck or failed to receive overtime benefits. These claims usually stem from an issue with wages, benefits, and compensation. However, many claims are made against employers resulting from the termination of a person’s employment. Unfortunately, many fired employees may feel like they need to make a claim against the company as a way to retaliate for their dismissal. As a result, the business must hire a defense team to dispute these claims.

Sometimes, the employer will try to ignore the issue, hoping the employee will drop the lawsuit. In most situations, that will never happen. Some law firms are willing to take the employee’s case, whether there is sufficient evidence to back their claims or not. At Oberheiden P.C., we understand that some employees are dishonest about these incidents. For that reason, our team of investigators will gather evidence to help back your claim. No matter the reason, you need a skilled defense team when any allegation is levied against your business.

How Can I Protect My Business from These Claims?

 

Always ensure the proper documentation of any employee’s records, timesheets, or other vital information. The more documentation you can provide, the easier it is to defend your case. Some employers can find themselves in trouble when they have not adequately tracked the employees’ work time or filled out the right forms for a leave of absence. Keeping your workplace compliant with all state and federal laws will keep you ahead of these claims. In the chance of a lawsuit, you will have the necessary documentation to defend your company.

Do All Claims Go To Court?

 

No. In fact, Oberheiden P.C. has found success in preventing these cases from heading to the courtroom. Our law firm takes a proactive approach to these cases. We want to understand every aspect of the case and prepare our clients for what can happen in the proceedings. Some law firms like to work on the defensive approach, but our legal team will always be on the offense with your litigation. Often, we can find evidence that persuades the employee to drop their legal action against the employer. Our senior attorneys have also negotiated out-of-court settlements or participated in mandatory alternative dispute resolution with our clients. If the case goes to court, be assured that our legal team will work to find a suitable resolution in your case.

Are You the Best Law Firm for Employer Litigation Defense?

 

Many law firms love to brag about their experience with these cases, but very few practices can back up their claims. As previously mentioned, we allow our track record of success to speak for our firm. With a high level of experience in these legal matters, our senior attorneys, former federal investigators, and trial consultants will work to defend your company from these allegations.


Speak With Our NYC Employer Litigation Defense Attorneys

Our senior attorneys are ready to discuss your case if you face any employee-related dispute or litigation. We have defended many clients in New York City, protecting their rights and limiting any legal liabilities. Schedule a consultation with the Oberheiden P.C. team by calling 212-970-9468 or filling out the contact form.

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