Marcia Washkuhn

(402) 231-8763
Partner
(402) 346-1148 Fax
Marcia.Washkuhn@KutakRock.com

Ms. Washkuhn, a litigation partner and head of the Omaha office’s employment group, has extensive experience handling a variety of labor and employment matters across the United States. She has defended clients in single-plaintiff actions, multidistrict litigation and class actions, and she has litigated claims filed in various state and federal courts, including Nebraska, Iowa, Idaho, North Dakota, South Dakota, Colorado, Texas, Arizona, Illinois, Minnesota, Kansas and Missouri. Her significant litigation experience includes matters asserted under Title VII, the Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Equal Pay Act, the Pregnancy Discrimination Act (PDA) and the Fair Labor Standards Act (FLSA), as well as similar state discrimination and wage payment laws.

Ms. Washkuhn’s practice also focuses on litigating cases involving noncompete agreements, corporate raiding, misappropriation of trade secrets and breaches of fiduciary duties by employees, officers or directors. In addition, she has defended clients in ERISA and employee benefits litigation. Ms. Washkuhn also has significant experience arbitrating labor disputes, and she has handled employment arbitrations pending before FINRA, the AAA and the FMCS.

In addition to her litigation and arbitration experience, Ms. Washkuhn regularly provides day-to-day advice to employers on a wide array of employment issues, including wage payment matters, self-audits, interviewing, drug testing, background checks, record-keeping requirements, application of the ADA and the FMLA, unemployment, workers’ compensation and employee discipline. She also has significant experience drafting and providing advice on employment contracts, restrictive covenants, severance agreements, job descriptions, employment applications, employment policies and employee handbooks. In addition, she regularly provides advice on employment issues arising from reductions in force, mergers, acquisitions and reorganizations.

Ms. Washkuhn has had an exceptionally high degree of success obtaining summary judgment in discrimination and retaliation cases as well as no reasonable cause findings on complaints filed with the Equal Employment Opportunity Commission and state and local regulating agencies.

Additionally, she regularly authors articles on current trends in employment law, she often hosts and presents at seminars, and she frequently trains supervisors, managers and human resource professionals on various employment topics, including sexual harassment. Although Ms. Washkuhn focuses her practice on employment matters, she is a well-rounded litigator with previous experience defending corporations in other areas of the law. Among other areas, Ms. Washkuhn has litigated insurance coverage disputes, products liability cases, antitrust issues, personal injury actions and commercial matters.

Ms. Washkuhn is rated AV® Preeminent™ by Martindale-Hubbell® as a result of 100% positive peer reviews. One such review described Ms. Washkuhn as "the most detailed, prepared and qualified attorney I have ever worked with. She knows the law and is open to clients' goals and differing positions to not only arrive at a victory, but also one that meets the client expectations."

Super Lawyers® has named Ms. Washkuhn to its list of top-rated employment and labor attorneys for 2016, and Benchmark Litigation has named Ms. Washkuhn a 2018 Litigation Star.

Ms. Washkuhn has successfully defended corporate clients in labor and employment matters in Nebraska, Iowa, Idaho, North Dakota, South Dakota, Colorado, Texas, Arizona, Illinois, Minnesota, Kansas and Missouri, including matters filed under Title VII, the FMLA, the ADA, the ADEA, the Equal Pay Act, the PDA, USERRA, ERISA and the FLSA, as well as various state law employment claims. She has significant experience arbitrating labor matters, as well as employment cases pending before FINRA, FMCS and AAA.

  • Ms. Washkuhn regularly provides advice to employers on a wide array of employment issues and drafts employment contracts and other employment related documents.
  • Ms. Washkuhn has been recognized by Benchmark Litigation as a Future Star, a Litigation Star, and one of the Top 250 Women In Litigation in the United States.