Mary Ellen Simonson has 28 years of experience in representing management in both the public and private sector in all aspects of employment relations. Her practice ranges from advising employers on litigation avoidance strategies and day-to-day issues in the workplace, to advocacy in federal and state courts, administrative agencies, and before the EEOC, DOL, OFCCP, NLRB, public entities, and arbitrators. Mary Ellen routinely handles a wide variety of counseling and litigation matters, including employee discipline and terminations; in defending/enforcing confidentiality, non-solicitation and non-competition agreements; trade secret disputes; workforce reductions; Title VII discrimination, retaliation and sexual harassment issues; ADA, ADEA, FMLA, WARN Act, and FLSA issues; conducting internal investigations; executive employment agreements; severance agreements; wrongful termination issues; and advice to employers on compliance with federal, state and local employment laws. She represents clients across the United States, including serving as outside general employment counsel for a multi-million dollar company, and represents a variety of industries including manufacturing, equipment rental, financial, mortgage, health care, and the arts.
Mary Ellen has successfully briefed and argued appeals before the Ninth Circuit and Arizona Court of Appeals, and successfully briefed and argued before the Arizona Supreme Court an issue of statewide importance to all public employers. She also has substantial experience in commercial litigation and school law, including representation of Arizona’s largest secondary schools and one of the nation’s largest community college districts. Mary Ellen routinely takes a proactive approach to counseling employers about ways to avoid costly litigation, manage employee performance, and make practical, sound human resources decisions to help avoid or minimize wrongful termination, discrimination, disability and other avoidable claims.
- Won summary judgment in U.S. District Court on all claims by former female employee alleging retaliation, gender and disability discrimination. (2016)
- Negotiated nominal settlement for nationwide employer after filing strong motion for summary judgment on claim by former employee alleging termination in retaliation for seeking workers’ compensation. (2016)
- Successful appeal on issue of statewide importance that clarified public records law for all public entities in Arizona, supported by multiple respected amici, including the State of Arizona; lead counsel in underlying state court trial. (2015)
- Negotiated favorable resolution with National Labor Relations Board on behalf of employer where former employee claimed retaliatory termination for alleged whistleblower activity. (2015)
- Led team in drafting customized confidentiality, non-solicitation and non-competition agreements for nationwide employer involving forty-one state agreements for multiple levels of executive, director and sales staff positions. (2014)
- Led strategy and defense of large multi-state employer’s decision to terminate employee after workplace accident and testing positive for marijuana who also had a medical marijuana card, which was among first such actions under relatively new Arizona Medical Marijuana Act. (2014)
- Prevailed on special action appeal for one of Arizona’s largest school districts in which Arizona Court of Appeals reversed trial court and upheld Governing Board decision to terminate teacher who failed to properly supervise swim program where student drowned; led underlying administrative hearing and state court proceedings. (2014)
- Led complex investigation for global public company involving allegations of misrepresentations and retaliation. (2014)
- Lead counsel on more than 500 employment litigation and counseling matters nationwide for public company, over course of more than 15 years as the company’s outside employment general counsel, including defense of federal and state court lawsuits involving Title VII, ADEA, ADA, FMLA, and administrative matters such as EEOC charges and DOL matters.
- Lead trial and appellate counsel for national hotel chain in obtaining summary judgment in state court on eight of ten claims, and later directed verdict at trial on remaining two claims in a $2 million dispute in which plaintiff (former employee) claimed employer (national hotel chain) was vicariously liable for off-premises conduct of former supervisor.
- Lead trial and appellate counsel in the first case in the nation to uphold the constitutionality of a mandatory school uniform policy in a public school: Phoenix Elementary School District No. 1 v. Green, 180 Ariz. 476, 943 P.2d 836 (1997).
- Lead trial and appellate counsel in case that clarified Arizona’s “notice of claim” statute in Arizona Supreme Court opinion successfully upholding client’s statutory interpretation: Deer Valley Unified School District No. 97 v. McDonald, 214 Ariz. 293, 152 P.3d 490 (2007).
- Lead counsel for multiple federal and state court proceedings to seek or defend Temporary Restraining Orders and Preliminary Injunctions involving restrictive covenants.
- Lead counsel in multiple administrative proceedings involving successful termination of public employees.
- Settled for nuisance amount a $1 million lawsuit against Fortune 500 employer after limited depositions, persuasive settlement conference memorandum, and strategic participation in federal court settlement conference.
- Obtained dismissal with prejudice in U.S. District Court of an $8 million commercial dispute against a major health care entity, following successful motions to dismiss and for summary judgment.
- Successfully defended a Fortune 500 company on summary judgment motions in U.S. District Court involving breach of contract/warranties, affirmed on appeal to Ninth Circuit.
- Successfully defended a major lending institution in a complex lender liability case which settled for a minor nuisance amount immediately after deposed plaintiff.
Mary Ellen Simonson is ranked in:
- Chambers USA - Labor Employment, 2013-2016
- The Best Lawyers in America, 2014-2017
- Southwest Super Lawyers, 2015-2016
- Arizona’s Finest Lawyers
- AZ Business Magazine - Arizona’s Top Lawyers
- Who’s Who Legal Services - The International Who’s Who of Management Labour and Employment Lawyers - Listed, 2015-2016
- Martindale-Hubbell - "AV/Preeminent Attorney" Rating (25 years)
- Honoree in the Arizona State Bar - “100 Women and Minority Lawyers”, 2000
- Athena Award - “Businesswoman of the Year” - Greater Phoenix Chamber of Commerce, 2005