Practice and Industry Groups

Andrew L. Metcalf

Associate St. Louis

Andrew represents businesses and public organizations in all aspects of employment law, including both litigation and human resources counseling. He assists clients facing lawsuits and administrative charges alleging employment discrimination, harassment, retaliation, and violations of other workplace laws and regulations, including the FMLA and FLSA. He has guided clients through investigations by the EEOC, Missouri Commission on Human Rights, the Department of Labor, and OSHA. Having extensive experience with complex employment litigation matters, Andrew offers strategies to ensure clients are efficiently and thoroughly protected in workplace legal matters.

Andrew also helps businesses and human resources professionals minimize risk by offering practical strategies and legal counseling on workplace policies, including the preparation and review of employee handbooks and employment contracts. He regularly speaks to business groups about best practices and litigation avoidance, and he is a frequent author about developments under Missouri law.

Andrew is a Committee Chair for the Human Resources Management Association of Greater St. Louis, and he also serves as a volunteer writing tutor for at-risk youth in the St. Louis area.


Experience

Andrew has significant experience litigating a broad range of claims through all stages of litigation, including trial and appeals. Favorable results for clients include the following:

  • Andrew was appointed to first-chair a jury trial on behalf of an Illinois prisoner alleging violations of his free speech rights in the U.S. District Court for the Southern District of Illinois. The jury returned a unanimous verdict for Andrew’s client and awarded him punitive damages.
  • Andrew second-chaired a jury trial in Missouri state court on behalf of a hospital, delivering the opening statement and conducting a key examination of a former individual defendant. After a four-day trial, the jury returned a unanimous full defense verdict.
  • In Missouri state court, Andrew wrote the court briefing in an associational disability discrimination case which resulted in the claim being dismissed due to ERISA preemption. In the same case, Andrew later wrote a motion for summary judgment related to alleged wage and hour violations, and the Court also dismissed that claim. Andrew drafted the briefing after the case was appealed, and the Court of Appeals affirmed the decision.
  • In a First Amendment freedom of speech case against a public fire and ambulance district, Andrew drafted briefing submitted to the Court of Appeals for the Eight Circuit. The Eighth Circuit affirmed the dismissal of the First Amendment claim, and set an important precedent for future computer tampering claims.
  • In both state and federal courts, Andrew has drafted and argued motions to dismiss and summary judgment briefing that have resulted in the dismissal of lawsuits.
  • In the U.S. District Court for the Southern District of Illinois, Andrew prepared a motion for summary judgment which resulted in the employee voluntarily dismissing his claims with prejudice.
  • Andrew has extensive experience representing clients on both sides of non-compete lawsuits. He has drafted motions successfully dismissing non-compete claims against key executive employees, and obtained temporary restraining orders and injunctions against individuals accused of breaching their agreements.
  • Andrew also assists employers facing threats of workplace violence, and has appeared in court to obtain restraining orders on behalf of businesses in Missouri and Illinois.

Professional Activities and Speeches

Professional Activities:

  • American Bar Association
  • Bar Association of Metropolitan St. Louis
  • The Missouri Bar
  • Human Resources Management Association (Newsletter Editor and Chair and Co-Founder of the Young Professionals’ Committee)
  • Boys Hope Girls Hope (Volunteer)

Speeches:

  • Human Resources Management Association of Greater St. Louis - ''Legal Update Roundtable Facilitator'' - February 2017
  • National Business Institute - ''All Handbooks on Deck! Policies every handbook should have (and what they should say!)'' - February 2017
  • Gateway Association of Payroll Professionals - ''A New Year, a New Administration: What to Expect for Wage And Hour Laws'' - February 2017
  • Lorman Seminar - ''Complying with Missouri Wage and Hour Laws'' - January 2017
  • Human Resources Management Association - ''All Handbooks on Deck! Why You Need to Update Your Employee Handbook'' - October 2016
  • Gateway Association of Payroll Professionals - ''Top Ten Wage and Hour Mistakes'' - May 2016
  • Human Resources Management Association of Greater St. Louis - ''Legal Update Roundtable Facilitator'' - February 2016
  • Gateway Association of Payroll Professionals - ''The Paid Sick Leave Movement'' - May 2015

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