Partner
201 St. Charles Avenue
New Orleans, LA 70170-5100
504.582.8192 tel
504.589.8192 fax


Print PDF  | vCard

Rob Worley practices employment law exclusively on behalf of management. He counsels employers seeking to avoid legal exposure and defends them when sued.  Mr. Worley has defended hundreds of such employment lawsuits in more than 30 states throughout the country, and has tried cases or handled evidentiary hearings in 20 of those states.  He also has handled numerous arbitrations and mediations; has participated in proceedings before the Equal Employment Opportunity Commission and state human rights agencies; and has extensive appellate court experience.

He has defended lawsuits in the following states.  He tried cases or had evidentiary hearings in the states underlined, and has handled multiple trials in the states indicated by an asterisk:

Alabama*; Arizona; Arkansas*; California; Florida; Georgia; Illinois; Idaho, Indiana*; Iowa; Kansas; Kentucky*; Louisiana*; Michigan; Minnesota; Mississippi*;  Missouri; Montana; Nevada; New Jersey; New Mexico; North Carolina; North Dakota; Oklahoma; Ohio*; Pennsylvania*; South Carolina; Texas*; Tennessee; Virginia*;  Washington; West Virginia.

Noteworthy

• Listed in The Best Lawyers in America® 2009 (Copyright 2008 Woodward/White, Inc., Aiken, SC) in the area of Labor and Employment Law (listed annually since 2005)
• Recognized in "Chambers USA – America's Leading Lawyers for Business" in the area of Labor & Employment (annually since 2007)
• Listed in Who's Who in American Law
• Listed in Who's Who in America
• Listed in the 2008 edition of Louisiana Super Lawyers in the area of Employment & Labor (also listed in 2007) 
• Recipient of a 2006 New Orleans CityBusiness Leadership in Law award, recognizing the top 50 attorneys in New Orleans
• AV® Peer Review Rating in Martindale-Hubbell. CV, BV and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell Ratings fall into two categories—legal ability and general ethical standards.
• Senior Counsel Member of the College of Master Advocates and Barristers

Representative Matters

Trials:

• A defense verdict in an 11-plaintiff race discrimination case tried to a federal jury in St. Louis, Missouri, on behalf of truck stop operator Flying J Inc.
• A defense verdict in an age discrimination jury trial in federal court in Des Moines, Iowa, for Flying J Inc.
• A judgment for Global Industries Offshore, L.L.C. against the Local Pipelines Union 798, holding its members’ strike offshore aboard Global’s vessel to be unlawful
• A declaratory judgment for power plant manufacturer, Babcock and Wilcox, in a federal trial in Mississippi, preventing the International Brotherhood of Boilermakers, Industrial Health and Welfare Trust from collecting an unlawful assessment of $1.5 million as a premium for continued participation in that multi-employer plan. This case arose out of B&W’s West Point, Mississippi, facility.
• A defense verdict in a federal jury trial of a sexual/pregnancy harassment case in New Orleans for Delta Beverage, a soft drink distributor
• A judgment for the defense as a matter of law for Intergraph, a worldwide computer hardware and software manufacturer, in a federal jury trial brought by a plaintiff who was terminated from his employment in Washington, D.C. This age discrimination case was tried in the Washington suburb of Alexandria, Virginia.
• A defense verdict on behalf of Flying J in an overtime compensation jury trial in federal court in Brunswick, Georgia.
• A judgment as a matter of law on behalf of Flying J in a federal jury trial in Montomery, Alabama, involving a claim of retaliatory discharge.
• In Cincinnati, Ohio, defense verdicts in two separate race discrimination trials for South Ohio Medical Center: one a federal bench trial and one a federal jury trial. The bench trial was appealed to the United States Court of Appeals for the Sixth Circuit (Cincinnati), which was affirmed after oral argument.
• A defense judgment on behalf of Flying J Inc. in a bench trial in the County Court of Dallas, Texas, brought by an employee claiming sexual harassment, retaliation, assault and battery, and invasion of privacy.
• A defense verdict in a federal sexual harassment jury trial in Akron, Ohio, on behalf of Flying J Inc.
• A judgment for the defense on partial findings (directed verdict in a bench trial) in an age discrimination trial brought by five plaintiffs against McDermott Inc. (now J. Ray McDermott). The case was tried in the United States District Court in Lafayette, Louisiana.
• A defense verdict in a sexual harassment case before a federal jury in Kentucky for Flying J Inc.
• A defense judgment in a federal trial for overtime compensation against Southern Baptist Hospital in New Orleans.
• A judgment as a matter of law for the defense in a race discrimination case brought against furniture manufacturer Chromcraft Corporation of Senatobia, Mississippi. This was a federal jury trial in Clarksdale, Mississippi.
• A defense judgment in a national origin discrimination trial before the Human Rights Commission in South Bend, Indiana, on behalf of Qualex, Inc.
• A defense verdict in a federal jury trial of a race discrimination case in Pittsburgh, Pennsylvania, for Qualex, Inc.
• A defense judgment in a three-plaintiff disability discrimination case for Cooper/T. Smith that was tried in Civil District Court for the Parish of Orleans (New Orleans).
• A directed verdict for Flying J in a state court jury trial in Florence, South Carolina, involving a defamation claim brought by a former employee.
• A defense verdict on behalf of Flying J in a federal jury trial brought in Houston by a truck driver who claimed to have sustained permanent disabilities on the premises.
• A defense judgment in a sex discrimination trial on behalf of a trucking company, Dynasty Transportation, that was featured in the nationally circulated Daily Labor Report – Washington, D.C., No. 95, May 19, 1994, in the United States District Court for the Eastern District of Louisiana (New Orleans).
• A defense judgment in favor of Flying J Inc. before the New Mexico Human Rights Commission in a trial involving alleged national origin discrimination.
• A directed verdict for the defense in a jury trial for breach of employment contract on behalf of Taylor Diving, an offshore diving company. This case was tried in Civil District Court for the Parish of Orleans (New Orleans).
• A judgment in a lawsuit to enforce a non-competition agreement brought in Louisiana State Court, Plaquemines Parish, on behalf of Payne Services, Inc.
• A defense judgment in a sexual harassment trial for Time Saver, a convenience store operator. The case was tried in federal court in New Orleans.
• A defense judgment in a handicap discrimination trial for Hall-Buck Marine, a grain company, before the Pennsylvania Human Rights Commission in Philadelphia.
• A judgment on partial findings in a federal trial in Little Rock, Arkansas, on a claim of intentional infliction of emotional distress asserted against Transtar Metals. 
• A defense judgment on partial findings in a race discrimination trial brought in an Arkansas federal court against Forrest City Grocery, a wholesaler in the grocery industry.
• A defense judgment in a state court defamation trial against Kenner Regional Hospital brought by a technician who was terminated for failure to properly operate a respirator during an emergency.
• A defense judgment in a federal race discrimination trial for Cintas, a uniform rental company in Baton Rouge, Louisiana.
• A judgment on partial findings in a federal trial in New Orleans brought by a former employee of Delta Beverage who sued for malicious prosecution after he had been terminated for alleged theft.
• Defense judgements in two worker's compensation trials defended on behalf of Children's Hospital in New Orleans.

Reported Decisions:

• An affirmance of a summary judgment in the United States Court of Appeals for the Seventh Circuit (Chicago) in a sexual harassment case for AutoZone, an auto parts retailer. This oft-cited decision was the first reported decision by the Seventh Circuit concerning the new affirmative defense recognized by the Supreme Court in cases of hostile environment sexual harassment.  Shaw v. AutoZone, Inc., 1997 WL 587488 (N.D. Ill., Sept. 19, 1997)(No. 96 C 5011) affirmed by Shaw v. AutoZone, Inc., 180 F.3d 806 (7th Cir. Ill., June 8, 1999)(No. 97-3654).
• A summary judgment in an age, disability, and medical leave case on behalf of a bank, First Commerce Corporation (which employed the workers of First National Bank of Commerce). This decision was affirmed by the United States Court of Appeals for the Fifth Circuit (New Orleans). Hypes on Behalf of Hypes v. First Commerce Corp.; No. 95-2759, 3 F.Supp. 2d 712 (E.D. La., 8/27/96); No. 96-31133, 134 F.3d 721, (5th Cir. 1998), 21 Employee Benefits Cas. 2745, 4 Wage & Hour Cas. 2d (BNA) 707, 7 A.D. Cases 1546, 11 NDLR P 351 (5th Cir. (La.), Feb. 12, 1998).
• A summary judgment in Alabama for AutoZone in a lawsuit brought under the Family and Medical Leave Act. In this case of first impression, the United States Court of Appeals for the Eleventh Circuit (Montgomery, Alabama) affirmed that judgment on the basis that the Department of Labor’s regulations regarding notice to employees on leave were contrary to the FMLA itself and thus were unenforceable. McGregor (bankruptcy trustee for Alicia Cox) v. AutoZone, Inc., 180 F.3d 1305 (11th Cir. 1999).  The case twice was featured in the nationally circulated Daily Labor Report, DLR, BNA 01-21-99, and DLR, BNA, 07-16-99.
• Summary judgment affirmed before the United States Court of Appeals for Zapata Haynie, the Fourth Circuit (Richmond, Virginia) in an age discrimination case for a commercial fishing company. France v. Zapata Haynie Corp., 946 F.2d 885 (Table, Text in WESTLAW), Unpublished Disposition, 1991 WL 197395, 20 Fed.R.Serv.3d 1236 (4th Cir. (Va.), Oct. 7, 1991)(NO. 90-2626).
• A summary judgment for an international mining company in which a federal district court held that the Civil Rights Act of 1866 does not govern the employment of U.S. citizens working in foreign countries. Salazar v. Freeport Overseas Service Company, 2000 WL 1099391 (E.D. La.).
• In New Orleans, affirmance of summary judgment on discharged grocery worker’s claim for age, race, and national origin discrimination.  Guichard v. Super Fresh/Sav-A-Center, Inc., 97-1573 (La. App. 4 Cir. 2/4/98), 707 So. 2d 1013 (La. App. 4 Cir, Feb. 4, 1998)(NO. 97-CA-1573).
• A summary judgment in a pregnancy discrimination case for K-Mart that was featured in the American Bar Association Journal, June 1994, and reported in the Fair Employment Practice Cases. Elie v. K-Mart Corp., 64 FEP Cases 957 (E.D. La. 1994).
• A ruling in which a federal district judge held that Louisiana law would apply to lawsuit brought in Montana by an employee working overseas. Van Grundy v. P. T. Freeport Indonesia, 50 F.Supp. 2d 993 (D. Mont., May 3, 1999) (No. LV-98-003-GF-PGU).
• A decision by the Louisiana Third Circuit Court of Appeal that an employee who was put to work prior to receiving his test results and was subsequently terminated in light of positive test for cocaine committed misconduct connected with his employment such that he was disqualified from receiving unemployment compensation benefits. Bean Dredging Corporation v. Administrator, 96-76 (La. App. 3 Cir. 8/28/96), 679 So. 2d 1019.

News

• Sixty-Three Jones Walker Attorneys Named in The Best Lawyers in America® 2009; Jones Walker Top-Listed in Louisiana
• Jones Walker Attorneys and Practices Ranked by “Chambers USA – America’s Leading Lawyers for Business”
• Forty Jones Walker Attorneys Recognized in the 2008 Edition of Louisiana Super Lawyers
• Fifty-Two Jones Walker Attorneys Named in The Best Lawyers in America® 2008; Jones Walker Top-Listed in Louisiana
• Five Attorneys Recognized in Labor & Employment by Chambers USA
• Forty-Seven Jones Walker Attorneys Listed in the 2007 Edition of Louisiana Super Lawyers; One In Top Ten, Four In Top Fifty, Two In Top Twenty-Five Women

Presentations

• "Basic Equal Employment Opportunity Law and Procedures", May 2003
• "Employee Handbooks in Louisiana: Drafting and Enforcing Sound Procedures and Policies", January 9, 2003

Memberships

• Louisiana Junior Tennis Council (Chairman)
• Louisiana Tennis Association (Secretary)
• New Orleans Area Habitat for Humanity (President, 2006–2007; Board Member)
• New Orleans Regional Leadership Institute (Graduate)
• New Orleans United Way Campaign (Co-chair, Lawyers Committee, 2003)
• The Tulane Law School American Inn of Court
• United Way Pacesetter Campaign (Chairman, 2002–2004)