Thomas J. Barton is an experienced business lawyer who, for the last 29 years, has helped his clients successfully solve their workplace legal and business issues. Tom’s practice is focused on class action and individual employment discrimination, wrongful discharge, wage and hour and non-competition/trade secret litigation.
Tom also has years of experience providing practical advice and counseling to businesses and organizations in the retail, non-profit, educational, healthcare and other industries.
Tom has been lead trial counsel on numerous wrongful termination cases in the state and federal courts throughout the country. These cases involved claims based on race, sex, sexual orientation, disability, family leave, age, national origin, religion and reverse discrimination as well as employee whistleblower, wage and hour, non-competition, trade secret, defamation, privacy and public accommodation claims. Tom also litigates complex employment and business lawsuits, class actions, collective actions and other multiparty litigation.
The defense of employment lawsuits requires true courtroom experience and excellent advocacy skills; a deep understanding of the particular employment laws, the courts, judges, juries and adversaries; an early, thorough and aggressive case assessment; timely communication of an effective strategy to the client that includes a realistic evaluation of the litigation, defense costs and likely outcomes; and an efficient and creative litigation plan formulated in partnership with the client.
Tom takes a business-oriented approach to the unique legal issues that arise in the workplace to achieve solutions that avoid liability and minimize the ever-increasing costs of litigation.
Tom advises clients with respect to employment hiring, compensation and termination practices, proposed employee discipline and dismissal, internal employee complaints and investigations, executive employment, non-competition and severance agreements, mergers and acquisitions, reductions in force, union collective bargaining, affirmative action, drug testing, workplace violence, the Family and Medical Leave Act, the Americans with Disabilities Act and many other issues.
Tom represents a broad range of clients including Fortune 500 employers in the retail, non-profit, educational, and health care industries as well as in the insurance, pharmaceutical, health care, and manufacturing institutions.
- Among the many wage and hour class action’s Tom has litigated, he recently defeated class certification in an Illinois wage and hour lawsuit brought by marketing and sales employees against a national retailer who challenged their exempt administrative status.
- Advised a large nonprofit in a major reorganization that included drafting new by-laws, grant proposals, and employment policies.
- Obtained a jury defense verdict for a Fortune 50 company in a hotly contested pregnancy discrimination, retaliation and hostile work environment case.
- Obtained over 25 summary judgment verdicts in the last five years in a variety of employment discrimination, harassment and retaliation cases.
- Represented a hospital system in a high profile religious discrimination, harassment and retaliation lawsuit filed by three medical professionals.
- On behalf of a major insurance company, he convinced the Third Circuit Court of Appeals to apply a limited definition of similarly situated comparator employees in an age discrimination reduction-in-force case.
- Brought novel Lanham Act and RICO claims in the federal court for the Eastern District of Pennsylvania against two former employees who engaged in unfair competition and other anti-competitive behavior.
- Boston College Law School, J.D., 1987, magna cum laude, Boston College Law Review
- College of William & Mary, B.A., 1984
Bar Admissions : New Jersey, Pennsylvania
Court Admissions :
- U.S. Supreme Court
- U.S. Court of Appeals, Second Circuit
- U.S. District Court, Northern District of Illinois
- U.S. District Court, District of New Jersey
- U.S. District Court, Eastern District of Pennsylvania
Rate : $$$$