Karen Cain

Practice Areas

- Employment Litigation, Arbitration & Dispute Resolution

- Employment Advice & Investigations

- Labor & Employment

- Class Action & Multidistrict Litigation

- Employment Class & Collective Actions

Publications

Private Biometric Data: Union Consent to Collection | Author, Polsinelli At Work Blog | July 1 2019

The Cubicle - Season 1, Episode 2 - Dream Team: How to Effectively Recruit Talent While Protecting Your Workforce and Confidential Information From Being Poached | June 4, 2019

Professional Memberships

- Member, Kansas Bar Association, 2010-2019

- President, Labor and Employment Section, Kansas Bar Association, 2008-2009

Expert in these Jurisdictions

Kansas

Missouri

Ohio

U.S. Court of Appeals, Eighth Circuit

U.S. Court of Appeals, Tenth Circuit

U.S. District Court, Eastern District of Missouri

U.S. District Court, Western District of Missouri

U.S. District Court, District of Kansas

U.S. District Court, District of Colorado

Education

Awards

Work Highlights

Employment Litigation

Prevailed on separate summary judgment motions on all claims of two improperly joined financial industry management employees after client transitioned defense of lawsuit near the close of discovery but prior to any depositions; deposed both plaintiffs, prepared leaders for depositions and defended same, and matter could not be resolved amicably due to the parties’ disparate valuation of claims.

Prevailed on Washington state court appeal after securing summary judgment win on the eve of trial on a retaliatory termination public policy whistleblower claim in the health care industry and convinced appellate court that lower court had errored in holding that public policy was implicated in the first instance; the state supreme court declined plaintiff’s petition for review.

Prevailed on summary judgment in two separate cases that were removed to federal court in which plaintiffs separately asserted Title VII, FMLA, ADA and Washington state law claims against the same management team, fully prevailed on summary judgment on all federal claims and used Offer of Judgment to compel resolution of single plaintiff’s single state law claim that was remanded following summary judgment.

Prevailed on summary judgment in a case in which a senior male health care industry leader asserted gender-based termination alleging his termination, which followed investigation of allegations that he had engaged in inappropriate, excessive attention to a female subordinate, was the unlawful result of the me-too movement and a woman in his leadership position would not have been terminated.

Prevailed on summary judgment in case in which manufacturing plant employee claimed violation of the ADEA and ADA, and prominent plaintiff’s counsel extensively litigation case including taking depositions of multiple defense witnesses who were leaders at manufacturing plant.

Prevailed on summary judgment in a matter where plaintiff alleged express use of racial epithet and case was evolved from one of almost two dozen administrative charges asserting race discrimination by same heath care leadership team and was extensively litigated including a 30(b)(6) notice that required three conferences with the federal judge; success in matter had a critical impact on other plaintiffs and opposing counsel losing interest in pursuit of claims.

Managed a series of racial discrimination matters in a single facility of an international medical testing company, reached company desired outcomes, and thereafter retained to conduct nationwide management training on related EEO issues.

Prevailed on summary judgment in FMLA matter in which plaintiff misrepresented availability during discovery process to avoid timely appearing for deposition, and convinced federal court to preclude extension of the deadline to permit defense witness depositions.

Prevailed in compelling enforcement of arbitration agreements in state and federal jurisdictions across the country for a retail client, including securing enforcement through an appeal in Missouri state court after being denied enforcement by a Jackson County trial court.

Managed defense of multiple AAA arbitrations through full defense merits, including a sexual harassment and Section 1981 retaliation action that was over a week in duration, and received defense judgments in every matter that went through a full hearing.

Prevailed on motion for summary judgment against lead plaintiff, which order was affirmed by Eighth Circuit, after having prevailed on motion defeating joinder of over twenty plaintiffs who asserted race discrimination claims against manufacturing leadership team, and all plaintiffs were ordered to pursue individual claims, and all claims were ultimately were dismissed without payment to a single plaintiff.

Employment Advice & Investigations

Conducted extensive C-Suite investigation of Leader conduct counter to entity values, analyzed possible legal infractions, lead strategic analysis of outcome options with a team including CEO, President, General Counsel and Senior Vice President of HR, and facilitated effectuation of decision, including planning, processing, messaging, and legal documentation.

Retained by Board of Directors to determine the course of action following receipt of anonymous complaints alleging multiple unlawful actions by Chief Executive Officer, directed and oversaw third-party investigation, teamed with Board to consider legal implications of investigator report, managed outcome that included termination and managing threatened legal claims following termination while minimizing exposure and negotiating resolution.

Retained by financial institution General Counsel to conduct investigation of allegations made by C-Suite executive upon the eve of retirement that CFO new to the organization had falsified financial data in regulated compliance reports, which investigation included identifying counter-productive dynamic within C-Suite and suggestions for resolving organizational issue, and client effectively avoided litigation with retired leader.

Retained by international retail company to evaluate and advise on termination of tenured in-house litigation attorney, defended against threatened claims and negotiated resolution consistent with client goals.

Retained by international media company to evaluate and advise on termination of General Counsel, defended against threatened claims, and negotiated resolution consistent with client goals.

In March 2020 created a team that has since provided real-time COVID-related information to global provider of payments and financial services technology solutions by providing, on a rolling ongoing basis throughout the pandemic, real-time reports on COVID-related restrictions and mandates for cities, counties, and states in which entity employs associates, and continue to creatively problem solve and brainstorm with client on novel pandemic-related issues.

Employment Class and Collective Actions

Manage defense of entity-wide class and collective action in which seven Nebraska nurses assert claims that all nurses employed by health system performed remote work during on-call shifts for which wages were not properly paid, which plaintiffs claim violated employer’s policies, state law, and the FLSA.

Manage defense of nationwide FLSA collective action in which a single computer analyst asserts claims that a nationwide class of analysts performed work for which the computer analysts were not properly paid overtime.

Managed defense of FCRA action asserted as a collective action, but which was resolved as an individual action after demonstrating to opposing counsel that the employer-defendant was not engaged in conduct in violation of the FCRA.

Managed defense of FCRA asserted as collective action in which plaintiffs argued nuanced issues with notice and acknowledgment forms, resolved matter early and consistent with client goals, and coordinated efforts with third-party claims administrator and client.

Managed defense of EEOC nation-wide investigation of national retailer where EEOC claimant asserted claims regarding medical provider notes submitted for absences where such notes were required to – but sometimes did—include identification of medical issue, which EEOC claimed violated the ADA, and worked with EEOC To reach resolution through multiple mediation efforts.

Managed Title VII class claims asserted by EEOC in which claimant had asserted claims of gender-based discrimination in a retail setting in which claims spanned throughout country and class included over twenty claimants with similar claims, actively litigation case with EEOC, took depositions of all claimants who participated in discovery and obtained dismissal of those who did not, and ultimately resolved matter consistent with client goals.

In March 2020 created a team that has since provided real-time COVID-related information to global provider of payments and financial services technology solutions by providing, on a rolling ongoing basis throughout the pandemic, real-time reports on COVID-related restrictions and mandates for cities, counties, and states in which entity employs associates, and continue to creatively problem solve and brainstorm with client on novel pandemic-related issues.