Francis J. Giambalvo is an associate in the Employment Practice Group in the New York office of Gordon & Rees. Mr. Giambalvo’s practice is primarily focused on defending large and small, public and private for-profit and not-for-profit employers in employment litigation matters, including but not limited to employment discrimination, harassment, whistle-blowing, retaliation, wrongful discharge, wage/hour and other employment-related cases before federal and state courts. He also defends employers in administrative proceedings before the Equal Employment Opportunity Commission (EEOC), New York State Division of Human Rights, New York City Commission on Human Rights and other federal, state, and local fair employment practice agencies. Mr. Giambalvo also provides comprehensive day-to-day counseling and advice to management on both transactional and litigation-related employment law matters, including strategies directed towards litigation avoidance and/or minimization.
Mr. Giambalvo has extensive experience in handling all aspects of employment litigation from inception through trial, settlement or appeal, including drafting pleadings, drafting discovery and dispositive motions; arguing motions; taking and defending depositions; attending court conferences in both State and Federal Courts; handling mediation and other settlement negotiations; and preparing settlement agreements. In addition, Mr. Giambalvo has extensive experience in preparing and reviewing employee handbooks, offer letters, severance agreements, disciplinary notices, termination letters and FMLA and disability forms, and in counseling employers on a wide range of employment and compliance issues, including employment policies, contracts, discipline, terminations, leaves of absence, accommodations, complaints, investigations, restrictive covenants and reorganizations. Mr. Giambalvo also conducts in-house Equal Employment Opportunity (EEO) compliance, sensitivity, handbook and best workplace practices training for all levels of employees, as well as sexual harassment investigations.
Prior to joining Gordon & Rees, Mr. Giambalvo served as a Volunteer Trial Attorney with the U.S. Equal Employment Opportunity Commission’s New York District Office, where he was able to gain valuable insight into the EEOC’s investigation, enforcement and litigation processes and procedures. Mr. Giambalvo also worked at a firm with a diverse employment law practice defending privately and publicly held companies in employment discrimination, sexual harassment and class and collective wage and hour cases in a wide variety of industries, including but not limited to health care, hospitality and construction.
U.S. District Court, Southern and Eastern Districts of New York
U.S. District Court, District of New Jersey
New York State Bar Association
New Jersey State Bar Association
Guest Judge at Robert R. Wagner Annual Labor and Employment Law Moot Court Competition March 2010