Christopher W. Pendleton
Senior Managing Associate
Overview
Chris defends employers against claims pertaining to all forms of employment discrimination, harassment, retaliation, wrongful discharge, wage and hour claims under the Fair Labor Standards Act (FLSA) and state analogs, and disputes over compensation and severance. He also enforces post-employment restrictive covenants and protects employers’ confidential information and trade secrets. Chris has practiced before federal and state courts across the country, arbitrators and administrative agencies. He has experience with all phases of litigation, including pre-action investigation, pleadings, discovery, motion practice, trial, and settlement negotiations.
Chris also advises clients on a variety of employment-related matters, including, but not limited to, compliance with the FLSA and state wage and hour laws, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and state leave statutes, and the Worker Adjustment and Retraining Notification Act (WARN) Act and other regulations governing layoffs and terminations. He has additional experience drafting restrictive covenant agreements, employment and separation agreements, workplace policies, and safety regulations. He works collaboratively with clients to assess and implement reasonable accommodations to employees who require the same, conduct workplace investigations and internal trainings, and, when necessary, separate employees. He further represents and counsels employers in connection with their existing collective bargaining relationships with labor organizations.
Prior to joining Benesch, Chris practiced at two law firms in New York City for the better half of a decade. He maintains strong relationships with clients and colleagues there to this day.
Experience
Represented a staffing company in actions against its former president and employees who joined a competitor and solicited a major client in violation of one-year restrictive covenants, and against the client for tortious interference. Benesch achieved favorable settlements covering a year of lost profits and all legal fees.
Obtained substantial relief for staffing providers, Alliance Industrial Solutions, LLC and Alliance Solutions Group, LLC, in dual actions: one to enforce restrictive covenant agreements against its former president and two key employees that left for a competitor and poached a significant customer, and a second against the poached customer for tortious interference with the former employees’ restrictive covenant agreements.
Secured dismissal of Title VII claims in a discrimination lawsuit filed against The Andersons, Inc. and its affiliates in the U.S. District Court for the District of Kansas. After removing the case to federal court, the team moved to dismiss, arguing the plaintiff failed to state a viable gender-discrimination claim. The Court sustained the Motion to Dismiss, significantly narrowing the plaintiff’s remaining claims.
Represented Meteor Education, a portfolio company of Bain Capital Double Impact Fund, in its acquisition of Advanced Technologies Consultants, a leading provider of career and technical education training and equipment in both secondary and post-secondary education markets.
Obtained substantial relief for American Equipment Systems, LLC (“AES”) and its parent company, Rotunda Capital Partners, after a competitor poached two veteran AES employees subject to restrictive covenants, including the termination of one of the managers, who was subject to a non-competition provision, an extension of certain non-solicitation provisions, and protection of trade secrets and other proprietary information.
Represented Weinberg Capital Group in the sale of its interest in North American Kitchen Solutions, Inc. (dba Hoodmart).
Represented buyer in its acquisition of a disaster restoration services company from an ESOP.
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Credentials
Education
Clerkships and Bar Admissions
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The Legal Aid Society of New York’s 2016 Pro Bono Publico Award
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