John C. Gardner

John Gardner is a Partner at DeWitt LLP, one of Wisconsin’s largest law firms. He serves as Chair of the Firm’s Labor and Employment Practice Group.

John is a management-side labor & employment attorney. Since 2004, he has represented employers across the United States in lawsuits involving claims for violations of wage and hour laws (including the Fair Labor Standards Act (“FLSA”)), violations of the Fair Credit Reporting Act (“FCRA”), violations of anti-discrimination, anti-harassment and leave/accommodation laws, as well as claims for breach of contract. In addition, he regularly represents employers in collective bargaining negotiations, labor-related arbitration proceedings and in front of the National Labor Relations Board (“NLRB”). Notwithstanding his extensive litigation experience, however, John understands that litigation is often an employer’s last resort, and a costly one at that. As a result, he has tailored much of his practice to helping employers avoid litigation altogether, regularly advising them regarding various legal compliance issues relating to employment and labor law.

Significantly, John has developed two main specialties within employment law:

1. Day-To-Day Employment Counseling

First, he regularly provides day-to-day legal counseling to employers located throughout the state of Wisconsin (and many with operations across the country). This counseling ranges from helping employers handle emergency disciplinary issues, safety concerns (including OSHA complaints/compliance) and employee theft matters, to assisting employers in managing long-term employee leave situations and making strategically-minded policy changes. In addition, since the first few months of 2020, he has been advising employers on the ever-changing legal landscape created by the COVID-19 pandemic and the government’s response.

2. Restrictive Covenants/Covenants Not-To-Compete

Second, John has developed a detailed understanding of the appropriate language, use and limits of restrictive covenants, such as non-compete, non-solicitation, and confidentiality provisions. He regularly advises employers regarding the appropriate manners in which to structure and utilize restrictive covenants, and has represented employers across the country with respect to lawsuits/threatened legal actions, both on the side of the party attempting to enforce the agreements and the party attempting to avoid enforcement.