Milwaukee Office
411 East Wisconsin Avenue Suite 2350
Milwaukee,
Wisconsin
53202
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Professional Experience
Bob Duffy represents employers in all labor and employment areas, with a special emphasis on providing front end employment solutions, and on defending employers from civil rights, wrongful discharge, worker’s compensation and union related litigation. His experience includes:
- Counseling employers in all variety of employment and management issues, including potential discipline, reductions in force, employment policies, internal and external investigations and collective bargaining administration and negotiation.
- Representations before Wisconsin Circuit, Appellate and Supreme Court, Wisconsin federal district courts, Seventh Circuit and United States Supreme Court, and before NLRB, EEOC, OSHA, DOL, WERC, DWD and arbitration panels.
- Numerous individual civil rights, wrongful discharge, breach of employment contract (discharge, discipline and contract interpretation) employment related torts (defamation, intentional infliction of emotional distress) and worker’s compensation (insured and uninsured) cases.
Significant Cases:
- Ruth Reiter v. Oshkosh Corporation, et al., Case No. 09-C-293 (Eastern District of Wisconsin 2010) (successfully obtained summary judgment in favor of employer and individually named human resource executives in sexual harassment, retaliation and tortious interference with contract claims).
- Kathleen A. Serwatka v. Rockwell Automation, Inc., Case No. 08 4010 (Seventh Circuit 2010) (successfully obtained jury defense verdict in ADA case which was upheld by Seventh Circuit and established that plaintiff’s burden of proof in ADA claims is to show that “but for” alleged disability the plaintiff would not have been discharged).
- William B. Wermuth, Jr. v. Labor and Industry Review Commission, Case No. 2006AP1149 (Wisconsin Court of Appeals District II) (2007) (successfully obtained affirmance of Labor and Industry Review Commission finding that employer had reasonable cause to discharge employee after he suffered a work injury and therefore dismissing employee’s refusal to rehire claim).
- Mandrake Conner v. Mobile Mini Inc., Case No. 05-2748 (Third Circuit 2006) (successfully obtained summary judgment in favor of employer in race discrimination claim brought by high level manager, which was upheld by Third Circuit).
- Rockwell Automation, Inc. v. Jonathan Kall, Case No. 526-N (Delaware Chancery Ct., 2005) (successfully obtained injunctive relief and subsequent court order requiring former Rockwell manager to return proprietary information and awarding Rockwell almost $40,000 in attorney fees).
- PACE v. Menasha Transport, et al., NLRB Case Nos. 30-CA-16150-1, 30‑CA‑16373‑1 and 30‑CA‑16385‑1 (2004) (successfully obtained NLRB 30th Region and NLRB General Counsel dismissal of unfair labor practice charges brought against company for transferring bargaining unit work to non‑PACE or non‑union employees in locations outside Wisconsin).
- IAMAW District 10 v. Perlick Corporation, (Arbitrator Zel Rice, 2003) (successfully obtained arbitration decision denying union’s grievance and allowing employer to eliminate past practice of paying union stewards for time spent during working hours investigating or furthering possible union grievances).
- Crystal Lake Cheese Factory v. LIRC, (2003 WI 106, 664 NW 2d 651) (2003) (sharply divided court, in a 4-3 decision, clarifies that WFEA reasonable accommodation obligation may require employers to reassign certain job duties a disabled employee is unable to perform).
- Jacqueline Johnsrud v. Prairie du Chien Memorial Hospital, et al., Case Nos. 00-CV-90 and 02-CV-0040, 2004 WI 50, (Crawford County Circuit Court 2000 and 2002) (Wisconsin Supreme Court 2004) (successfully obtained dismissal of separate defamation and wrongful discharge claims brought against hospital and individual executive of hospital by former manager).
- State of Wisconsin v. TJI International, Inc., et al., 238 Wis. 2d 173, 617 N.W.2d 256 (2001) (successfully argued that no “business closing” occurred under Wisconsin’s Business and Mass Layoff Closing Law when there was no interruption in business operations at the time of the sale of the business).
- James Graff v. Muskego-Norway School District, et al., Case No. 99-CV-2453, (Waukesha County Circuit Court 1999) (successfully dissolved temporary restraining order thereby allowing employer to proceed with public due process hearing and resulting removal of District manager).
- Fort James Discharge Arbitrations (1996-98) (successfully represented Fort James in four separate arbitrations involving multiple employees and levels of discipline arising out of conduct related to the murder of Thomas Monfils while employed at Fort James’ Green Bay Mill. The nature of the conduct, the conspiracy of silence that surrounded it, the state and federal criminal investigations which followed and the ongoing local and national publicity concerning the murder made these extremely complex arbitration hearings. Fort James prevailed in each case, including the discharge of four employees, one of whom was the union president of the Green Bay Mill).
- Hoeller v. Eaton Corporation, 149 F.3d 621 (7th Cir. 1998) (upholding a grant of summary judgment where a former employee with bipolar affective disorder alleged he was discharged because of his mental condition).
- Tuszkiewicz v. Allen-Bradley Company, Inc., 142 F.3d 440, 1998 WL 123985 (7th Cir. 1998), 173 F.R.D. 239 (E.D. Wis. 1997) (granting and then upholding summary judgment to an employer when an employee alleged he was discharged because of his medical condition, hydrocephalus).
- Terri Fancher v. Bank One Wisconsin Corp., Case No. 96-C-1272 (E.D. Wis., 1997) (granting summary judgment to employer in race discrimination employment discharge claim).
- Brian Stribling v. Reinhart Institutional Foods, Case No. 96-C-679 (E.D. Wis., 1997) (granting summary judgment to employer in race discrimination employment discharge claim).
- Diane Lewis v. Navistar International Transportation Corp., (E.D. Wis., 1996) (granting verdict for employer following trial in which female employee who was discharged for sexual harassment claimed unlawful discrimination on basis of sex and race).
- Tuszkiewicz v. Allen-Bradley Company, Inc., 170 F.R.D. 15 (E.D. Wis. 1996) (denying plaintiff’s motion to sequester plaintiff’s former co‑workers from a deposition).
- Ronald Howard v. Navistar International Transportation Corp. , Case No. 95-3941 (E.D. Wis. 1996) (granting summary judgment to employer in disability discrimination and retaliation employment discharge claim).
- Bushko v. Miller Brewing Company, 134 Wis.2d 136, 396 N.W. 2d 167 (1986) (upholding grant of summary judgment to employer and clarifying wrongful discharge standard in Wisconsin to include only those cases where employee is discharged for refusing an employer’s order to violate public policy).
Education and Honors
- Marquette University Law School (J.D., magna cum laude, 1984)
- Marquette University (B.A., cum laude, 1981)
Alpha Sigma Nu
Bar Admissions
Wisconsin,
1984
Court Admissions
U.S. District Court, Western District of Wisconsin, 1984
U.S. District Court, Eastern District of Wisconsin, 1984
U.S. Court of Appeals, 7th Circuit, 1984
Professional Recognition
- Listed in The Best Lawyers in America® (1995-present: Labor and Employment Law).
- Listed in Chambers USA® as a leading Wisconsin Employment Lawyer who is a “terrific litigator,” a “brilliant, personable and proactive” lawyer who exercises “exceptional judgment” in serving his clients, who is “one of the finest counselors in the state” and on whom clients “absolutely trust and rely” (2003-present: Labor & Employment).
- Selected for inclusion in the 2005-2011 Wisconsin Super Lawyers® lists (Employment & Labor).
- Martindale-Hubbell AV® Peer Review Rated.
Professional and Civic Activities
- American Bar Association (Member).
- State Bar of Wisconsin (Member).
- Milwaukee Bar Association (Member, Litigation and Labor Law Sections).
- Eastern District of Wisconsin Bar Association (Member).
- Milwaukee Archdiocesan Audit and Budget Committee (Member, 2010).
- Milwaukee Archdiocesan Resource Development Council (Member, 2004-2008).
- Quarles & Brady Milwaukee Office Labor and Employment Group (Coordinator, 2001-2007).
- Quarles & Brady Practical Guide to Employment Relations (Editor, 1998-2001).
- Quarles & Brady LLP Annual Labor and Employment Symposium (Moderator, 2001-2004).
- St. Sebastian Congregation Personnel Committee (Chairperson, 1995-present).
- Interfaith Older Adult Programs, Inc. (Current Board Member, former Board President and Human Resource Committee Chairperson).
- United States Court of Appeals for the Seventh Circuit (Internship).
Selected Presentations/Publications
- Quoted, “ADA Plaintiffs Must Prove Disability is Sole Cause of Adverse Action,” Inside Counsel, May 2010.
- “The Landscape Has Changed: New Employment Laws or Those That May Be,” Management Training Seminar,
April 1, 2009.
- “Worker’s Compensation Law,” Legal Training Seminar, January 8, 2009.
- “2007 Employment Law Update,” (ADA, Worker’s Compensation, FMLA, Retaliation, Wage and Hour Class Action and Immigration Issues), Management Training Seminar, August 30, 2007.
- “Wrongful Discharge Litigation,” Legal Training Seminar, May 8, 2007.
- “The Latest Developments in Union Organizing and Labor Issues in the Health Care Setting,” Management Training Seminar, July 12, 2006.
- “Weingarten Rights in the Union and Non Union Setting,” Management Training Seminar, November 21, 2005.
- “Union Organizing Issues,” Management Training Seminar, August 31, 2005.
- “E-Mail: It Kills No Trees, But It Could Harm Your Business!,” Wisconsin Society for Human Resource
Management Council 2005 WI State Conference, September 28, 2005; National Fraternal Congress of America, September 9, 2005.
- “2005 Annual Labor and Employment Legal Update,” (E-Mail: It Kills No Trees, But It Could Harm Your Business!,” and “Desperate HR Managers!,” (Current Issues involving retaliation, workplace violence and harassment complaints),” Management Training Seminar, August 8, 2005.
- “Does My Disabled Janitor Have to Mop Yet? ‘Reasonable Accommodation’ Challenges Facing Wisconsin Employers,” SHRM 2004 WI State Conference, October 7, 2004; Quarles & Brady 17th Annual Labor & Employment Law Symposium, April 27, 2004; Management Training Seminar, March 18, 2004; HR Employment Law Program, February 5 and 10, 2004, Wisconsin Manufacturers and Commerce, Wisconsin Council of Safety Management Training Seminar, October 29, 2003 (Brookfield), November 5, 2003 (Madison). November 11, 2003 (Appleton).
- Moderator, Quarles & Brady 17th Annual Labor & Employment Law Symposium, April 27, 2004.
- Employment Law Expert, Dave Melnick Show, WTMJ Radio 620, October 17, 2003.
- “Wisconsin Supreme Court: Employers’ Duty to Accommodate Under State Law May Include Duty to
Permanently Restructure or Even Create Jobs for the Disabled,” Practical Guide to Employment Relations, Issue 40, October 2003.
- “Reasonable Accommodation Under the WFEA: A 2003 Update,” Milwaukee Bar Association Continuing Education Program, September 24, 2003.
- Moderator, Quarles & Brady 16th Annual Labor & Employment Law Symposium, May 7, 2003.
- “The Applicant: The Do’s and Don’ts of The Hiring Process,” Quarles & Brady 16th Annual Labor & Employment Law Symposium, May 7, 2003.
- Moderator, “Employers and HIPPA Privacy Rules: What Are Your Obligations?,” HR Employment Law Seminar August 29, 2002 and September 4, 2002.
- “Employment Law Issues Which Affect Every HR Professional,” HR Employment Law Seminar, May 23, 2002.
- Moderator, Quarles & Brady 15th Annual Labor & Employment Law Symposium, May 14, 2002.
- “Disability Law, Worker’s Compensation and the FMLA: How to Stay Afloat While Keeping Your Employees on Board,” Quarles & Brady 15th Annual Labor & Employment Law Symposium, May 14, 2002.
- “Wisconsin Supreme Court: No Interruption in Business Means No Business Closing,” Practical Guide to Employment Relations, Issue 33, October 2001.
- “Maintaining Union Free Status,” Management Training Seminar, April 24, 2001 and May 16, 2000.
- “FMLA, ADA and Worker’s Compensation Issues Which Affect Every Supervisor,” Management Training Seminar, January 15, 2001.
- “Recent NLRB Decisions Expand NLRA Rights In The Non-Union Setting,” Quarles & Brady Employment Law Program, October 24, 2000 (Madison) and September 26, 2000 (Milwaukee).
- “Hot Topics In Labor and Employment Law,” Management Training Seminar, October 18, 2000 and Annual Human Resources Conference, September 28, 2000.
- “How to Minimize Legal Risks and Motivate Performance Improvement Through Effective Discipline,” Management Training Seminar, July 20, 2000.
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