Richard P. Winegardner Partner
An experienced trial lawyer who defends employers of all sizes in a range of industries, including defense, food, and trucking companies, against unsubstantiated accusations, Rick’s litigation practice takes him to courts throughout the U.S. He litigates a wide range of employment matters, including discrimination and harassment; Family and Medical Leave Act (FMLA); breach of contract; golden parachute agreements; wage and hour laws (exemptions, overtime, commissions, etc.); wrongful termination; and employee privacy. He prosecutes and defends unfair competition claims, including the misappropriation of trade secrets, employee raiding, computer sabotage, and client solicitation.
Rick also advises and defends federal contractors subjected to litigation under the False Claims Act. Whether defending against retaliation claims or underlying fraud allegations, Rick frequently leads a team of assertive litigators who have been assembled to achieve the client’s goals. Furthermore, Rick assists clients in the design, drafting and implementation of employment contracts, practices, policies, employee handbooks and noncompetition agreements, as well as in designing restructurings and reductions in force.
In addition, Rick represents clients at all levels of administrative proceedings, including matters before the EEOC, the DOL and the NLRB. He works diligently with employers to design and implement preventative training programs that mitigate the potential for unionization. Where preventive measures are not enough, Rick aggressively defends against unfair labor practice charges and helps clients in resisting union organizing drives and campaigns.