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Litigation of Employment Disputes

In today’s litigious society, employers need to align themselves with experienced, practical and tough attorneys, who will develop strategies to achieve the best possible result in the most expeditious and practical manner. Employers certainly need attorneys who know their way around the courtroom and an administrative hearing, but they also can benefit from lawyers who are skilled negotiators. You will find both in the attorneys at Foley & Foley, P.C.


Attorney Mike Foley has been representing public and private sector employers, large and small, for profit and not-for-profit, in all matters of labor and employment law for over 31 years. Over the years, Mike has led clients to their desired outcomes in hundreds of arbitrations and litigation matters. Mike brings a unique prospective to our litigation practice having served as both outside counsel and in-house counsel. Mike draws upon his vast experience to guide and advise our litigation team and our clients. Mike’s knowledgeable, practical and business focused approach to litigation affords our clients the highest level of guidance and advocacy. Mike applies his experience to our strategy development, our tactics and our settlement negotiations. With and through his leadership, our team will solve any complex problem and achieve a favorable result for our clients.

Attorney Tim Kenneally has represented businesses since 1994 in all manner of civil litigation. Tim has successfully resolved hundreds of claims in the state and federal courts, before federal and state administrative agencies such as the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL), the Massachusetts Commission Against Discrimination (MCAD) and with Attorneys General. Possessing a calm, cool and collected demeanor, even under pressure, Tim is able to connect with his audience, whether it be judge, jury, arbitrator, mediator, or investigator, and convince them of the correctness of his client’s position. Tim has won many of his cases through motions to dismiss, motions for summary judgment and persuasive position statements and briefs. With decades of experience as a negotiator, Tim can achieve a favorable settlement for clients when needed.

Attorney Jill Diamond has represented employers in all aspects of litigation for more than a decade. She has appeared in courts throughout the San Francisco Bay area and advocated before administrative bodies including the EEOC and the CA Labor Commission. Jill’s dedication to her clients is unsurpassed and is reflected in the numerous favorable decisions and settlements she has achieved for them. Jill is a highly skilled writer, researcher and advocate. She regularly uses these valuable skills to craft successful briefs, position statements and motions.


At Foley & Foley, we also recognize that no two clients and no two cases are exactly the same. In other words, we avoid the “one size fits all” approach when defending or prosecuting cases. We tailor our litigation services and support to our client’s specific needs, objectives, and budget and adjust on a case-by-case basis when warranted. When taking on any new litigation matter, we formulate a practical and result-driven litigation plan and strategy that takes into account the client’s goals, objectives, liability and exposure, and, of course, budget.

At Foley & Foley, P.C., we understand and appreciate that avoidance of costly and time-consuming litigation is often the most prudent course of action for our clients. The congested dockets at our local courts often yield unnecessary delays and increased litigation costs. The attorneys at Foley & Foley appreciate our client’s concerns about litigation expense and delay and always endeavor to find the most expedient and cost-effective means to litigate claims and disputes. Toward that end, we take into account litigation expenses when advising our clients whether and to what degree to defend or prosecute claims. When appropriate and/or requested by our clients, our attorneys strive to promptly and efficiently resolve our client’s cases through early negotiation, pre-discovery dispositive motions, arbitration, and/or mediation.

Of course, we recognize that not every dispute and case can and should be resolved short of litigation and trial. Our attorneys take into account that a trial is sometimes necessary or in the client’s best interests, and we pride ourselves in always being prepared to try the case to a verdict if needed. In short, the attorneys in Foley & Foley’s Litigation Practice Group foster and enjoy reputations as “trial attorneys.”


We represent businesses/employers large and small, in a wide variety of industry sectors in state and federal administrative and judicial proceedings. We defend cases directly for businesses, but also for the many insurance companies who retain us to represent their insureds.

The attorneys in our Litigation Practice Group have a wealth of trial experience handling the defense of a wide range of claims and cases. These include:

  • Motor Vehicle Accidents;
  • Breach of employment contracts;
  • Employment discrimination;
  • Misclassification of workers under the FLSA;
  • Misclassification of workers under state; and federal independent contractor laws;
  • Sexual harassment;
  • OSHA claims;
  • Breach of fiduciary duty;
  • Trip & Fall Accidents;
  • Unfair Trade Practices (Chapter 93A);
  • Insurance coverage disputes;
  • Breach of contract and warranty claims;
  • Construction accident and construction defects;
  • Premises liability;
  • Products liability; and
  • Insurance “bad faith.”

In addition to handling cases in both the federal and state trial courts, the attorneys at Foley & Foley are no stranger to the Appellate Courts. Having crafted appellate briefs and argued issues before multiple higher courts, our attorneys are prepared to take our clients cases as far as is needed to achieve the desired outcome.


Our litigation attorneys possess the experience, knowledge and skills necessary to achieve our client’s desired result in any litigation. We know that business owners want to focus on managing and growing their business. We understand that litigation can be a costly and time-consuming distraction. We want to put our vast expertise to work for your business, so you can minimize your business interruption and financial losses.