Employment and Labor Law
Towne, Bartkowski & DeFio Kean, P.C. regularly represents clients in all aspects of employment and labor law. From negotiating Employment Contracts, Severance Agreements, Confidentiality and Covenants Not To Compete to litigating the enforceability of such matters, we have the experience necessary to advance the interests of either an employer or an employee.
We have a long history of both prosecuting and defending claims arising under a myriad of state and federal laws governing the employee/employer relationship. We have filed and prosecuted numerous claims both before the Equal Employment Opportunity Commission ("EEOC")and the New York State Division of Human Rights ("NYSDHR"), thereafter litigating cases for both plaintiffs and defendants in both state and federal courts. Our experience encompasses claims arising under, among others:
- Americans With Disabilities Act ("ADA")
- Age Discrimination in Employment Act ("ADEA")
- Worker Adjustment and Retraining Notification Act ("WARN")
- Older Worker Benefit Protection Act ("OWBPA")
- Family Medical Leave Act ("FMLA")
- Title VII
- Human Rights Law
- Civil Rights Act of 1964
Jim Towne has lectured widely to industry groups on employment related issues and has also lectured attorneys on business practices involving employment relationships.
Firm Members Jim Towne and Susan Bartkowski have appeared before the Second Circuit Court of Appeals numerous times arguing to advance their client's positions both as plaintiffs and defendants.
In 2006, associate John Hoke succesfully tried a sexual harrasment case in Albany Supreme Court securing a favorable verdict for the firm's client after overcoming the difficult hurdle of whether or not the employee qualified as an employee since her employer insisted upon paying her wages "off the books".
Proudly, through the efforts of firm Principals Jim Towne and Susan Bartkowski, over 1140 surviving spouses and children of deceased New York State retirees received nearly $22 million dollars as a result of an action commenced in the US District Court for the Northern District of New York. As a result the firm's actions, the collective plaintiff's claims of age discrimination under the Age Discrimination in Employment Act ("ADEA") a collective action was commenced by the firm under the Older Worker Benefit Protection Act ("OWBPA") the New York State Comptroller's Office finally disgorged long overdue payments to the Retirees' beneficiaries.
Prior results cannot and do not guarantee or predict a similar outcome with respect to any future matter, including yours, in which a lawyer or law firm may be retained.