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PRACTICE AREAS

Discrimination & Retaliation

DISCRIMINATION & RETALIATION

We are skilled litigators that have handled thousands of employment disputes. We represent employees and employers in all types of employment cases, including claims of:

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  • Discrimination

  • Harassment

  • Retaliation

  • Whistleblowers

  • Breach of Contract

  • Wrongful Termination

  • Equal Pay

  • Wage and Hour

 

We guide employees and employers alike through all these types of claims. Our management-side background gives us a definitive edge representing employees and executives. Having worked exclusively for large global companies for over a decade, we know management-side litigation strategies and how to defeat them. We know how companies analyze each case and can anticipate their strategies and defenses. For employers, we help guide our clients through what is legally permissible, making sure your legitimate business decisions are supported and defensible.

 

We are personally invested in every case that we take. We listen to each of your goals, develop a unique litigation strategy for each case, and work tirelessly to maximize results based on your objectives.

Wage & Hour

WAGE & HOUR

We fight to ensure that employees are fully paid for all hours worked. Stokes Law makes sure that its individual clients receive all amounts due to them under federal and state law. We also seek liquidated damages, interest, statutory penalties and attorneys’ fees from employers.

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We represent all types of employees and tirelessly prosecute employers for failing to pay minimum wage, gap time, overtime, tips, commissions, prevailing wages, and other kinds of compensation. We also litigate cases where our clients have been misclassified as exempt. Many incorrectly believe that receiving a “salary” means that an employee is not due overtime for hours worked over forty in a workweek. This is often not the case, and Stokes Law fights to obtain the overtime pay you may be entitled to.

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For employers, we utilize novel defense strategies that consistently prevent and limit wage and hour exposure for our clients. Often it is best to engage us before the threat of litigation to determine what liability may exist. We have repeatedly limited employers’ liability by installing policies and procedures that ensure proper wage payments and correctly document compliance. If litigation has already commenced, we have extensive experience defending wage and hour disputes throughout the country. We have represented employers across numerous industries and have first-hand knowledge of the nuanced difficulties facing each industry regarding wage and hour compliance. We can therefore provide unique and strategic assistance tailored to each employer.

Class & Collective

CLASS & COLLECTIVE ACTIONS

We are highly experienced in employment and consumer rights class actions, having litigated class, collective, and hybrid actions in numerous state and federal courts throughout the country. Our impressive class action record is based on years of experience and a thorough understanding of employment and consumer laws and class action procedures – critical elements in such complex cases.

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We have litigated class and collective actions brought against large global companies and similar actions filed against small local businesses. In either instance, we provide a tireless and detailed legal defense, focusing on early resolution, limiting the impact of the discovery process, and success if dispositive motions are filed.

Employment Agreements

EMPLOYMENT AGREEMENTS & RESTRICTIVE COVENANTS

We understand the business, legal and professional factors to consider when entering or terminating employment agreements.  We have experience negotiating, reviewing, drafting and litigating hundreds of employment agreements, including offer letters, employment contracts, restrictive covenants, and separation agreements. We represent employees and employers when there is a threatened breach, actual breach, or anticipated breach of an employment agreement.

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We help executives, employees and employers analyze and negotiate the terms of any employment related agreement. We also represent employees that have been terminated, or who are seeking to leave a job, negotiate an appropriate separation agreement. Finally, we have extensive experience litigating non-compete, non-solicitation, and other restrictive covenants. We can help you understand the scope of the restrictions, push back in negotiations regarding such covenants, and litigate the alleged breach of such restrictive covenants. We also provide counseling to companies facing breach of a restrictive covenant or assessing the risks of hiring employees with prior restrictions.

Counseling

COUNSELING

We provide our clients with advice and counseling to guide them through difficult employment decisions. Whether you need guidance about your rights, your legal obligations, or whether there has already been a violation of the law, we can help analyze the situation and guide you through the complex local, state and federal employment laws. We also assist employers minimize the risk of litigation with results-oriented employment advice, policies and procedures. We advise on the entire employment relationship, from recruiting and on-boarding through termination or layoff. Finally, we update employee handbooks, policies and agreements for compliance with relevant laws and individual companies’ needs and goals.

Startups

STARTUPS

We have developed specific expertise advising startups on all types of day-to-day employment issues, from recruiting, hiring, employment agreements, equity agreements, internal complaints, accommodation requests, terminations and separation agreements. Utilizing our decade plus experience at a global law firm, we offer the elite legal services of a large firm, with a nimble and personalized approach. We have significant experience counseling new startups and venture-backed companies to create and implement policies and management styles that demonstrate each company’s unique values and workplace goals.

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We also routinely represent individuals that are being hired, promoted or leaving startups. Our representation of these individuals includes negotiating all types of employment agreements, equity agreements, restrictive covenants and separation agreements. With our significant experience working with startups, we are well positioned to provide individuals a leg up during negotiations with up-and-coming companies.

Investigations

INVESTIGATIONS

We have over a decade of experience helping companies investigate employee complaints alleging discrimination, harassment, retaliation, whistleblowing, and other alleged misconduct. How a company responds to an employee complaint is critical. We help our clients immediately conduct an objective investigation of each employee complaint in order to identify and stop bad behavior, strengthen company morale, and prepare for the defense of a potential lawsuit.

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Sensitive and legally complex employee complaints often require an external third-party to conduct the investigation. We routinely conduct independent investigations for clients in delicate situations, such as claims of illegal behavior, whistleblowing, sexual harassment or misconduct by upper-level executives. Our neutral investigation practices remove any conflict of interest or potential bias and therefore put each company we represent in the best position to defend against a potential lawsuit.

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If clients decide to carry out their own investigations, we guide them with best practices through the entire investigatory process. We also develop company-wide policies and practices so that our clients uniformly investigate employee complaints and make consistent employment decision throughout the company after each investigation.

Consumer Rights

CONSUMER RIGHTS

We also litigate consumer protection claims on behalf of individuals and companies. Inaccurate information on employment, housing and credit background check reports often precludes applicants from gainful employment, housing or a loan. We have extensive experience litigating cases under the Fair Credit Reporting Act when a consumer reporting agency provides harmful and inaccurate information on a consumer report. We can evaluate the errors in any consumer report and, if necessary, will proceed with litigation to make sure the consumer report is corrected and you are fully compensated for the mistaken report.

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