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John E. Thomas, Jr. Partner

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Tysons T +1 703 712 5407 F fax +1 703 712 5217
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John represents businesses in matters across the spectrum of employment law. He is a first-chair trial lawyer with a successful record arguing employment issues before the Supreme Court of Virginia.

John’s practice focuses on representing employers in disputes involving misappropriation of trade secrets, covenants not to compete, breaches of contract, and defamation as well as the host of employment statutes such as wage-and-hour laws (the FLSA and state laws), leave laws (the FMLA and state laws), and discrimination statutes (like Title VII, the ADA, the ADEA, and state laws). Representative clients include those in defense, banking, healthcare, community property management, wastewater management, and legal industries. John currently serves as the elected co-chair for the Labor & Employment section of the Fairfax Bar Association.

In addition to resolving disputes through litigation, arbitration, and mediation, John devotes significant time to counseling HR professionals and in-house counsel through difficult employment-related issues, including terminations, severance agreements, employment contracts, and lay-offs. He regularly advises clients on cutting-edge issues, such as leveraging artificial intelligence in decision-making and implementing drug-testing policies that comply with changing cannabis laws. He offers a practical eye toward revising policies and handbooks and messaging difficult decisions to employees; in fact, John is the author of An Employer’s Guide to D.C. Employment Statutes, a comprehensive online guide to help companies navigate Washington, D.C.’s complex employment laws.

Prior to joining McGuireWoods, John served as special assistant U.S. attorney in the U.S. Attorney’s Office for the District of Columbia and as pro se law clerk for the Honorable M. Hannah Lauck of the U.S. District Court for the Eastern District of Virginia.

John is an active member of his community. He has served as President of the Board of Directors for the Tysons Corner Children’s Center, a local nonprofit, he is the past Secretary for the Board of Trustees for the Kiwanis Foundation of Tysons Corner/McLean, and he has served as a mentor with the Leadership Council on Legal Diversity (LCLD) for law students to help foster inclusivity in the profession. He is a recipient of the McGuireWoods Excellence Award for his pro bono contributions and the National Boy Scouts of America Distinguished Service Award. He currently serves on the Fairfax Local Access to Justice Commission.

Experience

  • Obtained victory in U.S. Court of Appeals for the Fourth Circuit for large information technology government contractor in age discrimination and retaliation claims made by former executive.
  • Obtained judgment at trial in the Fairfax County Circuit Court in favor of large association-management company in claim by former executive for breach of contract.
  • Obtained judgment in favor of publicly traded corporation on claim by former salesperson of breach of contract for unpaid commissions in an arbitration applying D.C. and Maryland law.
  • Obtained summary judgment in the U.S. District Court for the Eastern District of Virginia in favor of large government contractor on claims of age discrimination and retaliation made by former executive.
  • Obtained summary judgment in the U.S. District Court for the Eastern District of Virginia in favor of large government contractor on a former employee’s claims of disability discrimination.
  • Obtained unanimous win in the Supreme Court of Virginia in dispute regarding pleading standard for claims of attorneys’ fees.
  • Obtained preliminary injunction in the Fairfax County Circuit Court in favor of large government contractor against former executive for misappropriation of trade secrets and breach of restrictive covenants, and successfully defended the injunction on review before the Supreme Court of Virginia.
  • Obtained summary judgment in the U.S. District Court for the Eastern District of Virginia in multi-plaintiff wage-and-hour lawsuit against large government contractor.
  • Obtained summary judgment in the U.S. District Court for the Eastern District of Virginia for publicly traded corporation involving allegations by former executive of disability discrimination.
  • Represent companies in sensitive investigations conducted by government agencies involving wage-and-hour, leave-law, and employment retaliation risks.
  • Obtained victory in disability discrimination case filed in the Eastern District of Virginia against large government IT contractor resulting from physical and mental injuries sustained in Iraq.

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