Erin K. Clarke

Erin K. Clarke is a partner in Montgomery McCracken’s Litigation Department and a member of the Labor and Employment Practice Group. She focuses her practice on representing and counseling employers on all aspects of labor and employment law. She routinely advises employers across a variety of industries in navigating and ensuring compliance with all appliable employment laws.  She also defends employers in employment litigation and labor matters and has experience defending public and private employers in federal and Pennsylvania and New Jersey state courts and before administrative agencies.

Erin advises clients on a variety of workplace issues with a focus on understanding clients’ goals, the needs of the business, and, when necessary, devising a creative solution to ensure compliance with applicable law. Her counseling practice includes guiding employers in the hiring process, responding to discrimination and harassment complaints, and managing requests for accommodations. She frequently works with employers in managing leave under the Family and Medical Leave Act.  She also drafts and analyzes employment policies, employment contracts, restrictive covenant agreements, and severance agreements. She also assists employers in managing reductions in force and severance offers. Erin also provides training to supervisors and employees on employment topics, including harassment prevention, managing employee complaints, and requests for accommodations and leaves of absence.

Erin has represented employers in lawsuits alleging violations of the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (“FMLA”), the Age Discrimination in Employment Act (“ADEA”), and equivalent state and local laws.  She also has experience with ERISA litigation. Erin has also represented employers against charges of discrimination before the EEOC and equivalent state agencies. She has represented employers in labor negotiations, representation petitions filed with the National Labor Relations Board, unfair labor practice charges before the NLRB and state agencies, and labor arbitrations.

She has appeared in appeals before the Commonwealth Court of Pennsylvania, Supreme Court of Pennsylvania, and the United States Court of Appeals for the Third Circuit.

Prior to joining Montgomery McCracken, Erin was an associate with a large national law firm, where she advised clients on a broad range of labor and employment matters and handled all aspects of employment litigation.