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Lawrence Winger's Professional Resume
Lawrence C. Winger, Esq. has
over twenty-four years of experience in the area of Labor and
Employment Law. He has handled labor and employment law
litigation matters such as: NLRB unfair labor practice trials,
union picketing injunction litigation, age, sex, and handicap
discrimination trials, sexual harassment jury trials, litigated
wage and hour cases, wrongful discharge jury trials, severance
pay litigation, NLRB unit determination hearings, NLRB unit
clarification hearings, non-competition agreement litigation,
unemployment compensation litigation, and arbitrations. Some of
Mr. Winger's recent (1998 - 2004) matters include:
- Chao, Secretary of Labor v. Alpine, Inc. (U.S. District Court, October 2004)
- (successful court defense of employer; settlement agreement enforced over Plaintiff's objection)
- Steppe v. Mobius, Inc. (Maine Human Rights Commission, August 2004)
- (successful administrative proceeding defense of employer against employee's Whistleblower discrimination claim)
- Kayser v. Hannaford Bros. Co. (Maine Human Rights Commission, June 2004)
- (successful administrative proceeding defense of alcohol retailer against disability discrimination claim)
- Perkins v. Amerigo Partners (York County Superior Court, June 2004)
- (successful court defense of tour bus company and related entities against former drivers' claims for unpaid overtime pay)
- Drew v. Alpine Adventure Tours (U.S. District Court, April 2004)
- (successful court defense of employer against former employee's STAA-award enforcement claim)
- SPC Transport Co. v. Great American Ins. Group (Lewiston District Court, September 2003)
- (successful trial claim for trucking company against insurance company on insurance policy claim)
- Brougham v. Androscoggin Head Start & Child Care (Maine Human Rights Commission, April 2003)
- (successful administrative proceeding defense of employer against job
applicant's failure-to-hire disability discrimination claim)
- Talbot v. Goodschmidt's Landscaping (Maine Human Rights Commission, April 2003)
- (successful administrative proceeding defense of employer against former
employee's disability discrimination claim)
- Azimi v. Jordan's Foods (Maine Human Rights Commission, April 2003)
- (successful administrative proceeding defense of employer against former
employee's national origin discrimination and retaliation claims; case pending in court)
- Gibson v. Power Maintenance International (U.S. District Court, December 2002)
- (unsuccesful court claim of former employee for unpaid overtime pay, FLSA
discrimination, and unpaid vacation pay)
- Hannaford v. Cressey (Maine District Court, November 2002)
- (successful court claim of employer against former employee for money owed
to employer)
- Sanborn v. Gorham Savings Bank (Workers' Compensation Board, July 2002)
- (successful Workers' Compensation Board trial defense of employer
against former employee's workers' compensation discrimination claim)
- Liston v. UNUM Corporation Officer Severance Plan (U.S. District Court, July 2002)
- (unsuccessful court claim of former corporate officer for severance plan
benefits; affirmed on appeal U.S. Court of Appeals for the First Circuit, May 2003)
- Jusczak v. Mayo Regional Hospital (MHRC, May 2002)
- (successful administrative proceeding defense of employer against former
employee's pregnancy discrimination claim)
- Dudley v. Hannaford (U.S. District Court, March 2002)
- (unsuccessful trial defense of alcohol retailer against customer's
disability discrimination claim; affirmed on appeal to U.S. Court of Appeals for
the First Circuit)
- Nilsen v. Palco (USDOL, March 2002)
- (successful administrative trial defense of employer against former employee's
STAA discrimination claim)
- Sysco Foodservice v. Cyr (Maine Superior Court, January 2002)
- (successful motion for Temporary Restraining Order against three salespersons
sued by their former employer for breach of non-competition agreements; employer's
motion for a Temporary Restraining Order granted)
- Sanborn v. Gorham Savings Bank (MHRC, January 2002)
- (successful administrative proceeding defense of employer against
former employee's disability discrimination claim)
- Bean v. Hancock Lumber (NHCHR, November 2001)
- (successful administrative proceeding defense of employer against
former employee's age discrimination claim)
- Langone v. AVX Tantalum Corp. (MHRC, October 2001)
- (successful administrative proceeding defense of employer against
former employee's disability discrimination claim)
- Sale v. Hancock Lumber Co. (MHRC, September 2001)
- (successful administrative proceeding defense of employer against
employee's sex discrimination claim)
- Maine Veterans' Homes v. Bernstein (Maine District Court, July 2001)
- (successful trial defense of adult child against claim for elderly
parent's unpaid residential home bill)
- Mills v. Rockland Marine Corp. (MHRC, June 2001)
- (successful administrative proceeding defense of employer against
former employee's disability discrimination claim)
- NorthCenter Foodservice v. Wood (Maine Superior Court, May 2001)
- (successful motion defense of three salespersons sued by their former
employer for breach of non-competition agreements; employer's motion for a
Temporary Restraining Order denied)
- Drew v. Alpine Tours, Inc. (USDOL, April 2001)
- (successful administrative proceeding defense of tour bus company
against former driver's discrimination claim asserted under the Surface
Transportation Assistance Act; subsequently reversed in 2002)
- Drew v. Alpine Tours, Inc. (MHRC, February 2001)
- (successful administrative proceeding defense of employer against
former employee's Whistleblowers discrimination claim)
- Libby v. Hannaford Bros. Co. (MHRC, January 2001)
- (successful administrative proceeding defense of employer against
former employee's age discrimination claim)
- Witwicki v. J.L. Coombs, Inc. (MHRC, January 2001)
- (successful administrative proceeding defense of employer against
former employee's pregnancy discrimination and medical leave claims)
- Dudley v. Hannaford Bros. Co. (MHRC, October 2000)
- (successful administrative proceeding defense of retailer against
customer's disability discrimination and public accommodation claims;
reversed in subsequent court litigation)
- Medical Rehabilitation Associates v. Palco Air Cargo (WCB, April 2000)
- (successful Workers' Compensation Board trial defense of employer
against medical provider's petition for payment of employee's medical bills)
- TallPines Rehabilitation & Living Center (NLRB, April 2000)
- (successful representation of and advice to an employer during a
union election campaign; employees rejected union representation by a
vote of 32 - 16)
- Palmer v. Oxford Laundry Services (WCB, December 1999)
- (successful Workers' Compensation Board trial defense of employer
against former employee's workers' compensation discrimination claim)
- Voisine v. Danzig (U.S. District Court, November 1999)
- (unsuccessful representation of a female former Navy employee at a jury
trial of the employee's sexual harassment claim against the Navy)
- Fitzherbert v. Palco Air Cargo (WCB, August 1999)
- (successful Workers' Compensation Board trial defense of employer
against former employee's workers' compensation discrimination claim)
- NLRB v. Palco (NLRB, 1996-1998 and U.S. Court of Appeals,
1998)
- (successful trial and appeal defense of trucking company
employer sued for unlawful discharge of truck driver; First
Circuit Court of Appeals decision in favor of employer was issued
12/21/98 as NLRB v. Portland Airport Limousine Co., Inc., 163 F.3d 662)
- Michaud v. BSP Trans, Inc. (U.S. Dept. of Labor,
1996-1998 and U.S. Court of Appeals, 1998)
- (successful trial and appeal defense of trucking company
employer sued for retaliatory discharge of truck driver; First
Circuit Court of Appeals decision in favor of employer was issued 11/3/98 as
BSP Trans, Inc. v. U.S. Department of Labor, 160 F.3d 38)
- Gervais v. Palco Air Cargo (MHRC, 1998)
- (successful administrative proceeding defense of employer
against former employee's disability discrimination claim)
- Henry v. Maine Wood Turning (WCB, 1998)
- (successful Workers' Compensation Board trial defense of employer
against former employee's workers' compensation discrimination claim)
- Newman v. Jordan's Meats (MHRC, 1998)
- (successful administrative proceeding defense of employer
against former employee's race discrimination claim)
- Al-Khafaji v. Jordan's Meats (MHRC, 1998)
- (successful administrative proceeding defense of employer
against former employee's national origin and religious discrimination claim)
- Faile v. Knapp Shoe Co. (OSHA, 1998)
- (successful administrative proceeding defense of employer
against former employee's OSHA discrimination claim)
- O'Clair v. Northeast Industrial (MHRC, 1998)
- (successful administrative proceeding defense of employer
against job applicant's refusal-to-hire disability discrimination claim)
- Patterson v. Mayo Regional Hospital (MHRC, 1998)
- (successful administrative proceeding defense of employer
against former employee's failure-to-promote sex discrimination claim)
- In Re J.E. Goold Division (Arbitrator S. H. Ellis, 1998)
- (successful arbitration defense of employer which discharged
an employee for reporting to work under the influence of alcohol)
Mr. Winger has handled court trials
in Maine, New York, and Vermont, and NLRB trials in California,
Maine, and Massachusetts. Mr. Winger has also handled multiple appellate cases
in the U.S. Court of Appeals for the First Circuit and in the
Maine Law Court.
In addition to his litigation
work, Mr. Winger has extensive experience counseling and advising
clients on labor and employment law matters such as: application
forms and hiring procedures, employment contracts and
non-competition agreements, personnel policies and handbooks, job
descriptions, wage and hour requirements, family medical leave
requirements, light duty work programs, drug testing programs,
disciplinary actions, suspensions, discharges, layoffs,
restructurings, and plant closings, sexual harassment problems,
workers' compensation problems, fringe benefits, union election
campaigns, and collective bargaining agreement negotiation,
administration, modification, and enforcement.
Mr. Winger is the author of the
Maine Employer's Handbook, a comprehensive resource on
Maine employment law, which was first published in 1989, was
revised for a Second Edition in 1994 and for a Third Edition in
1998, and is updated annually.
The Maine Employer's Handbook is currently used by over
900 Maine companies. Mr. Winger also has published the Maine
Employer's Handbook, Windows Edition, an enhanced PC computer
software version of the handbook. For more information about
these products, go to The Maine Employer's
Handbook page.
Mr. Winger's recent (2002 - 2004)
public presentations include:
- October, 2004: "HR Practices In Municipal Government"
- A half-day presentation to the Maine Municipal Association Annual Convention, Augusta, Maine.
- October, 2004: "2004 ADA Year-In-Review"
- To the Maine Comp Summit 2004, Sugarloaf Resort, Maine.
- October, 2004: "Maine Personnel and Employment Law Update"
- A half-day presentation to the Maine Medical Group Management Association Annual Convention, Portland, Maine.
- May, 2004: "Hiring & Interviews"
- To the Maine Human Resources Convention, Samoset Resort, Maine.
- May, 2004: "Fair Labor Standards Act For Public Employers"
- A half-day presentation to the Maine Municipal Association, Augusta, Maine.
- January, 2004: "Maine Employment Law: 2003 Year In Review"
- To the Human Resources Association of Southern Maine, South Portland, Maine.
- September, 2003: "Maine Employment Law Update"
- To the Maine Medcial Group Management Association, Sebasco Estates, Maine.
- September, 2003: "Handling Difficult Employment Situations"
- To the Maine Comp Summit 2003, Sugarloaf Resort, Maine.
- June, 2003: "Employment Law: Case Intake"
- A presentation at the Maine Bar Association's Employment Law Seminar, Portland, Maine.
- May, 2003: "ADA Year In Review"
- To the Maine Human Resources Convention, Samoset Resort, Maine.
- May, 2003: "Fair Labor Standards Act For Public Employers"
- A half-day presentation to the Maine Municipal Association, Augusta, Maine.
- January, 2003: "Maine Employment Law: 2002 Year In Review"
- To the Human Resources Association of Southern Maine, South Portland, Maine.
- November, 2002: "Fair Labor Standards Act For Public Employers"
- A half-day presentation to the Maine Municipal Association, Augusta, Maine.
- October, 2002: "Maine Labor and Employment Law"
- As part of the Maine Bar Association's "Bridging The Gap" Program,
Augusta, Maine.
- October, 2002: "2002 ADA Year In Review"
- To the Maine Comp Summit 2002, Sugarloaf Resort, Maine.
- June, 2002: "Downsizing With Integrity And Dignity"
- As part of the Maine Businesses for Social Responsibility Annual Business Conference,
Kennebunkport, Maine.
- May, 2002: "Proper Hiring Practices" and "Proper Discipline and Discharge
Practices"
- Two presentations to the Maine Human Resources Convention, Samoset Resort, Maine.
- May, 2002: "Fair Labor Standards Act For Public Employers"
- A half-day presentation to the Maine Municipal Association, Augusta, Maine.
- January, 2002: "2001 Maine Employment Law Update"
- To the Human Resources Association of Southern Maine, South Portland, Maine.
Mr. Winger is a member of the Maine State
Bar Association and the Maine Trial Lawyers Association. Mr. Winger served 1993 -
1995 as Chairman of the Human Resources Committee of the Maine Chamber and
Business Alliance.
Mr. Winger graduated magna
cum laude with a degree in Economics from Yale College in
1972 and cum laude from Harvard Law School in 1975.
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