John F. McCarthy focuses his practice on employment law and related litigation on behalf of management clients and has considerable litigation experience with cases involving wrongful discharge, retaliation and discrimination.
John's litigation experience includes more than 80 bench and jury trials, as well as numerous arbitrations. Among his notable successes, he served as lead trial counsel in:
- A jury trial alleging age discrimination and intentional infliction of emotional distress, which ultimately resulted in a directed verdict for the defendant that was affirmed on appeal
- A jury trial regarding claims of breach of contract and age discrimination, in which a judgment for the defendant was affirmed on appeal by the Fifth Circuit
- A jury trial regarding claims of defamation, intentional infliction of emotional distress, and breach of an implied duty of good faith and fair dealing, in which he obtained a judgment for the defendant that was affirmed by the Texas Court of Appeals
John has represented management clients in numerous arbitrations, including cases involving:
- Discipline and discharge
- Severance claims
- Subcontracting issues
- Contract interpretation matters
- Termination/enhanced severance agreement disputes
- Alleged breach of non-competition agreements
- Post-termination claims of wrongful discharge
He also has been involved in numerous mediations, both private and court-ordered, involving age, race, disability, sexual harassment and sexual discrimination claims.
Additionally, John frequently speaks on numerous labor and employment-related topics, such as age discrimination, disability discrimination, drug testing, sexual harassment and individual employee rights. He is board certified in labor and employment law by the Texas Board of Legal Specialization.
John is a founding partner of Littler Mendelson's Dallas office. Previously, he was a partner at another firm, where he was head of the labor section.