Sean J. Kirby is a special counsel in the Labor and Employment Practice Group in the firm’s New York Office. Mr. Kirby’s practice encompasses a wide range of labor and employment matters, including the defense of single plaintiff and class action discrimination, wrongful discharge and wage/hour claims, in addition to employment contract, restrictive covenant, whistleblower, sexual harassment, and related claims.
He regularly represents clients in labor and employment litigations in federal and state courts, in arbitrations before the American Arbitration Association and the Financial Industry Regulation Authority, and in proceedings before various administrative agencies, including the Equal Employment Opportunity Commission, the U.S. Department of Labor and state agencies throughout the United States.
Mr. Kirby also regularly counsels domestic and international clients on day-to-day workplace employment issues such as the preparation, administration and enforcement of personnel policies, hiring procedures, reductions-in-force, severance and termination strategies, employee discipline, disability, leaves of absence, wage/hour law, compliance with anti-discrimination laws, the labor election process, and the extraterritorial application of U.S. laws.
Mr. Kirby regularly drafts and negotiates employment, separation, non-compete, and non-solicitation agreements. He also conducts discrimination and harassment prevention trainings, as well as investigations into harassment allegations, whistleblower complaints, and other employment matters.
Mr. Kirby also specializes in defending disability access discrimination claims under the Americans with Disabilities Act and New York State and City accessibility standards. He has experience in matters ranging from architectural barrier access cases to cutting edge disability access claims involving websites, and other new media.
His experience includes representing several national restaurant chains, retail establishments, and other businesses. Mr. Kirby also has experience representing clients in a variety of general commercial and financial disputes including breach of contract, securities and accounting fraud.
- J.D., Fordham University, 2006, cum laude
- B.A., LeMoyne College, 2001, cum laude
- New York
- New Jersey
- United States District Court for the Southern, Eastern, Western and Northern Districts of New York
- United States District Court for the District of New Jersey
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