W. Scott Hardy - Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

W. Scott Hardy

Listed in Best Lawyers since 2009
Phone: 412-394-3333

Scott counsels employers on all aspects of their employment relationships to achieve their organizational goals while avoiding litigation whenever possible.  In doing so, Scott takes a practical and proactive “real world” approach to solving workplace problems.  Because lawsuits cannot always be avoided, much of Scott’s practice involves representing employers as lead counsel in federal and state court litigation (including class and collective actions and appeals), commercial and labor arbitrations, and administrative proceedings.  Scott routinely defends employers in investigations conducted by governmental agencies such as the EEOC, PHRC, DOL, and NLRB, and he conducts and oversees internal corporate investigations of alleged fraud, embezzlement, theft, discrimination, harassment, and other forms of employee misconduct.  Scott also represents clients in employment-related intellectual property matters and in traditional labor settings, such as arbitration, NLRB proceedings and collective bargaining. Scott works with employers to draft and negotiate executive employment agreements and severance agreements; he assists employers in navigating the legal and practical complexities of involuntary reduction-in-force and early exit incentive programs; he collaborates with employers to craft legally compliant and strategically effective workplace policies; and he provides training to managers and employees on various legal and ethical compliance issues.  Scott also counsels colleges and universities on student accommodation and other issues.Scott is experienced in representing employers in a myriad of industries ranging from healthcare, higher education, and banking, to transportation and manufacturing, so Scott strives to thoughtfully consider the unique market forces and regulatory environments in which each of his clients operate. Employers seek out Scott as a trusted advisor knowing that his judgment, skills and talents can be deployed effectively to address issues impacting people from the mail room to the C-Suite in courtrooms, in board rooms, and at the bargaining table.

Allegheny CollegeBA 1996University of Notre DameJ.D. 1996
St. Thomas More SocietyGreater Pittsburgh Council of the Boy Scouts of AmericaGood Samaritan Hospice of PittsburghAmerican Healthcare Lawyers Association – AHLAAmerican Inns of Court – W. Edward Sell Chapter Allegheny County Bar AssociationPennsylvania Bar AssociationAmerican Bar FoundationAllegheny County Bar FoundationFederal Bar Association

Case History

Other Court Admissions
  • U.S. Supreme Court
  • U.S. Court of Appeals, Third and Sixth Circuits
  • U.S. District Court, Northern and Southern Districts of West Virginia
  • U.S. District Court, Middle and Western Districts of Pennsylvania
When litigation cannot be avoided, employers seek Scott’s judgment for assessing their potential legal exposure and his advocacy skills for defending them and their business judgments in court. In some of Scott’s litigation experiences, he:
  • Obtained summary judgment on behalf of university in race discrimination case asserted by former head coach
  • Secured jury verdict on behalf of national retailer that mitigated former employee’s “off the clock” wage claim
  • Obtained summary judgment on behalf of regional home nursing provider in a whistleblower case asserted by its highest ranking clinician who was discharged 23 hours after lodging complaints with CEO
  • Obtained directed verdict on behalf of manufacturer in FMLA case asserted by former production worker
  • Secured dismissal of class-based WARN Act claims on behalf of hospital system
Scott’s experiences extend beyond the courtroom and into the Board Room and at the negotiating table. For example:
  • Scott secured meaningful and necessary concessions when serving as chief spokesperson and lead negotiator on behalf of large, urban, tertiary-care hospital in collective bargaining with SEIU involving more than 1,300 registered nurses. Scott has negotiated collective bargaining agreements on behalf of various acute care health systems, hospitals, and skilled nursing facilities with various unions such as SEIU, PASNAP, Operating Engineers, and others. 
  • Scott obtained favorable arbitration awards on behalf of a hospital upholding contract language enabling it to manage its workforce effectively, redeploy and layoff portions of its nursing staff without paying expensive severance benefits, and uphold the contractual adequacy of its workplace safety practices.
  • Scott obtained favorable arbitration awards on behalf of a hospital upholding contract language enabling it to manage its workforce effectively, redeploy and layoff portions of its nursing staff without paying expensive severance benefits, and uphold the contractual adequacy of its workplace safety practices.
Part 2
  • Scott obtained favorable arbitration award upholding hospital’s discharge of a registered nurse employed by it for 30+ years after violating HIPAA and other patient confidentiality policies.
  • Scott devised FLSA-compliant mandatory unpaid leave of absence program and related payroll practices to assist a national, publically traded distribution company obtain significant cost saving measures during economic downturn.
  • Scott crafted non-solicitation and non-competition agreements for medical equipment & services company to protect its trade secrets, proprietary information, human capitol, and competitive position throughout the Eastern United States.

Office Location

One PPG Place, Suite 1900
Pittsburgh, PA 15222
United States


Practice Areas

Employment Law - Management
Labor Law - Management
Litigation - Labor and Employment