Thomas J. Flaherty
Tom has over 40 years of experience in employment and labor law and related litigation. He has advised clients on executive agreements, incentive compensation and a broad range of compliance issues, from disciplinary, leave, ADA and EEO matters to unfair competition issues, such as trade secret theft and employee raiding. He has also guided clients through investigations into discrimination and harassment claims, including “Me Too” claims. A significant portion of Tom’s practice involves advice and litigation relating to non-compete and restrictive covenant agreements, employment contracts, and incentive compensation plans, policies and agreements.
Tom has litigated cases to conclusion in federal courts in the majority of states in the Eastern U. S., as well as in several state courts. He has represented clients in a wide range of administrative proceedings and arbitrations, including agency proceedings before the EEOC, the Department of Labor and state fair employment agencies, as well as in evidentiary hearings before the National Labor Relations Board.
Tom’s clients have included a wide range of employers, from start-ups to private schools to health care systems and global top 50 companies. He has extensive experience in the tech sector, including hardware manufacturers, software companies, consulting firms and social media businesses. Additionally, Tom has managed investigations and defense of claims by the U.S. Department of Justice in system-wide ADA public accommodation enforcement cases in the health care and transportation industries. Tom also has significant experience representing private schools in connection with employment, student and governance matters.
Recent Representative Experience
Prior to joining Executive Counsel, Tom has held leadership positions in three major national/international law firms. Most recently, he was the founding shareholder of the Northern Virginia office of Littler Mendelson, PC, the world’s largest employment and labor law firm.
Representative matters Tom has handled in recent years include:
- Updated nationwide restrictive covenant agreements for employers in eCommerce services, the financial sector and technology consulting;
- Drafted nationwide incentive compensation (commission and bonus) plans for hardware and services provider in home and business security sector, eCommerce services provider and major government contracts consulting firm;
- Led defense of nationwide ADA Title III public accommodation action by United States Department
Of Justice against transportation company;
- Managed investigation and mediation of aggravated sexual assault claims by executive against client’s Board member;
- Advised business and school clients on issues arising from the COVID-19 pandemic, including the numerous federal and state government leave and safety programs and mandates.
1701 Pennsylvania Avenue, NW
Washington, D.C. 20006
(Office Visits by Appointment)
Areas of Practice
Employment and Labor Law,
Executive Agreements, and
District of Columbia
J.D.,Boston College Law School
B.A., Yale University
Named, Lawyer of the Year [labor], Washington, D.C., The Best Lawyers in America©2020
Named, The Best Lawyers in America, 2007-2020
Named, America’s Leading Lawyers for Business, Chambers USA, 2004-2020
Named, Super Lawyer, Virginia, Super Lawyers, 2006-2018
Awarded, AV© Peer Review Rating, Martindale-Hubbell
Chair, Employment Law Section, Fairfax Bar Association 2011-12
Vice-Chair, Employment Law Section, Fairfax Bar Association, 2010-11
Former President, Yale Club of Virginia
Former Board Chair, Downtown Club of Richmond
Former Director, Virginia Home for Boys