-+
Overview
Bob is a member of Tonkon Torp's Labor & Employment Practice Group. He represents companies, professionals, and executives in employment litigation, and provides counseling on a broad range of employment related issues. He has substantial jury trial experience in Oregon and Washington, defending wrongful discharge, discrimination, sexual harassment, wage and hour, and whistleblower cases. He also has defended ERISA lawsuits, been on both sides of post-termination cases with non-competition, trade secret and related claims, and has defended numerous labor disputes in arbitration.
Bob has represented companies in labor negotiations, and in election petitions and unfair labor practice charges before the NLRB. He has negotiated compensation, benefits, and other terms and conditions of employment contracts for companies, professionals, and executives.
He also serves as a mediator in complex commercial disputes and in employment and ERISA/benefits cases. Before joining the firm, Bob was a partner at Barran Liebman (1998-2006) and an associate and partner at Lane Powell (1993-1998). Before entering private practice, Bob served on active duty as a captain in the U.S. Army Judge Advocate General's Corp, at the U.S. Army Communications and Electronics Command, Fort Monmouth, N.J. and the U.S. Army Defense Appellate Division, Falls Church, V.A. (1987-1993). While stationed at Fort Monmouth, Bob was appointed as a Special Assistant to the U.S. Attorney for the District of New Jersey.
Bob has been consistently listed in the Best Lawyers in America, in the Oregon edition of Super Lawyers for employment litigation and as one of "America's Leading Lawyers" for labor and employment by Chambers USA, which notes that Bob is "top-notch and quick on his feet, and excellent at building strong relationships with his clients" and "the man to call whenever there is a complicated matter that won't go away."
Bob is certified as a Senior Professional in Human Resources (SPHR) by the Human Resources Certification Institute, and is also designated as a Senior Certified Professional (SHRM-SCP) by the Society for Human Resource Management.
Bob has represented companies in labor negotiations, and in election petitions and unfair labor practice charges before the NLRB. He has negotiated compensation, benefits, and other terms and conditions of employment contracts for companies, professionals, and executives.
He also serves as a mediator in complex commercial disputes and in employment and ERISA/benefits cases. Before joining the firm, Bob was a partner at Barran Liebman (1998-2006) and an associate and partner at Lane Powell (1993-1998). Before entering private practice, Bob served on active duty as a captain in the U.S. Army Judge Advocate General's Corp, at the U.S. Army Communications and Electronics Command, Fort Monmouth, N.J. and the U.S. Army Defense Appellate Division, Falls Church, V.A. (1987-1993). While stationed at Fort Monmouth, Bob was appointed as a Special Assistant to the U.S. Attorney for the District of New Jersey.
Bob has been consistently listed in the Best Lawyers in America, in the Oregon edition of Super Lawyers for employment litigation and as one of "America's Leading Lawyers" for labor and employment by Chambers USA, which notes that Bob is "top-notch and quick on his feet, and excellent at building strong relationships with his clients" and "the man to call whenever there is a complicated matter that won't go away."
Bob is certified as a Senior Professional in Human Resources (SPHR) by the Human Resources Certification Institute, and is also designated as a Senior Certified Professional (SHRM-SCP) by the Society for Human Resource Management.
-+
Featured Representative Matters
Wage Claims
Washington jury issued defense verdict on wrongful discharge and wage claims against real estate management company. The employer also recovered on counterclaim against plaintiff, and the court awarded attorney fees to our client.
Contract Claims
Summary judgment granted on perceived disability and contract claims against large paper products company and its union.
Whistleblower Claims
Obtained defense verdict on wrongful discharge and whistleblower claims before an Oregon jury. Our client also won a counterclaim for breach of fiduciary duty against its former nursing home administrator.
Large Retailer
Summary judgment granted in state court for large retailer where plaintiff had claims for discrimination, wrongful discharge, intentional infliction of emotional distress and assault.
Non-Compete Agreement
Won summary judgment to enforce non-compete agreement for the benefit of acquiring company where agreement was signed by seller's employees in anticipation of the sale of the business.
Fair Credit Reporting Act
Court granted directed verdict for employer during jury trial where former accounting clerk brought claim under the Fair Credit Reporting Act.
Local Newspaper
Small local newspaper won jury verdict against employee suing for wrongful discharge and discrimination.
Sexual Harassment & Wrongful Discharge
Obtained a directed verdict during jury trial of claims for sexual harassment and wrongful discharge.
Manufacturing Company
Manufacturing company recovered on counterclaim against former employee.
Federal Court
Numerous summary judgments granted in federal court on a variety of claims, including age, gender, disability and sex discrimination, sexual harassment, wrongful discharge, whistleblower, wage and hour, and ERISA.
-+
Featured Work
Diverse Team Aids Greenbrier in Joint Venture
Tonkon Torp acted as Oregon corporate counsel for its long-term client The Greenbrier Companies, Inc. in finalizing a 50/50 joint venture with Watco Companies, L.L.C. The venture combines the two companies’ railcar repair, refurbishment and maintenance businesses into a new organization, GBW Railcar Services, LLC.
-+
Community Involvement & Activities
Society of Human Resource Management
1995–Present, Harvard Schools and Scholarships Committee
Oregon Business Association
2006–2016, Business and Economy Committee
Portland Human Resources Management Association
Board of Directors
2013, General Counsel
Oregon Junior-Senior Golf Association
2009–2012, Director
Children's Cancer Association
2004–2009, Ambassador Board
Oregon State Bar
2001–2003, Procedure and Practice Committee
Multnomah Bar Association
1999–2002, Judicial Screening Committee
-+
Professional Memberships
American Bar Association
Federal Bar Association
Multnomah Bar Association
Oregon Association of Defense Counsel
Portland Human Resource Management Association
Society for Human Resource Management
Federal Bar Association
Multnomah Bar Association
Oregon Association of Defense Counsel
Portland Human Resource Management Association
Society for Human Resource Management
-+
Awards & Recognition
The Best Lawyers in America
2009-2022, Employment Law – Management
2009-2022, Labor Law – Management
2009-2022, Litigation – Labor & Employment
2009-2022, Labor Law – Management
2009-2022, Litigation – Labor & Employment
Chambers USA: America's Leading Lawyers
2009-2021, Labor & Employment
Super Lawyers
2006-2021, Oregon Super Lawyer – Employment Litigation: Defense
-+
Recent News
8.19.2021
Best Lawyers in America® Includes 53 Tonkon Torp Attorneys on 2022 List
Fifty-three Tonkon Torp lawyers representing 39 practice areas have been selected for inclusion in The Best Lawyers in America® 2022
7.12.2021
26 Tonkon Torp Attorneys Honored on 2021 Super Lawyers Lists
Twenty-six Tonkon Torp attorneys in nine practice areas have been included in the 2021 Oregon Super Lawyers or Rising Stars lists.
5.21.2021
Chambers USA 2021 Ranks 23 Tonkon Torp Attorneys
Chambers USA has recognized 23 Tonkon Torp attorneys in seven practice areas in its Chambers USA 2021 guide.
8.20.2020
Best Lawyers in America® Includes 49 Tonkon Torp Attorneys on 2021 List
Forty-nine Tonkon Torp lawyers representing 36 practice areas have been selected for inclusion in The Best Lawyers in America® 2021. A majority of attorneys have been named to the peer-review list in past years, and most have been recognized for more…
7.7.2020
26 Tonkon Torp Attorneys Honored on 2020 Super Lawyers Lists
Twenty-six Tonkon Torp attorneys in nine practice areas have been included in the 2020 Oregon Super Lawyers or Rising Stars lists. Tonkon Torp partner and bankruptcy authority Albert N. Kennedy has been once again recognized on the Top 50 list of…
6.1.2020
Tonkon Torp L&E Coffee Break Looks at the ADA and COVID-19
The Coffee Break webinar series, hosted by attorneys in Tonkon Torp’s Labor & Employment Practice Group, provides practical advice to help businesses navigate L&E issues related to reopening their business. The May 21 session, featuring partners Bob…
4.27.2020
Chambers USA Names 20 Tonkon Torp Attorneys in 2020 Ranking
Chambers USA: America's Leading Lawyers for Business has recognized 20 Tonkon Torp attorneys in seven practice areas in its 2020 USA Guide. Eighteen of the Tonkon Torp attorneys named have been previously ranked by Chambers.
1.31.2020
Bob Carey Serves as Guest Instructor for HR Management Class at U of O
On January 28, Tonkon Torp attorney Bob Carey was recently a guest instructor for a Human Resources Management class on employment law at the University of Oregon's Lundquist College of Business.
8.15.2019
2020 List for Best Lawyers in America® Includes 48 Tonkon Torp Attorneys
Forty-eight Tonkon Torp lawyers representing 39 practice areas have been selected for inclusion in The Best Lawyers in America® 2020. A majority of attorneys have been named to the list in past years, and most have been recognized for more than five…
7.16.2019
31 Tonkon Torp Attorneys Honored on 2019 Super Lawyers Lists
Thirty-one Tonkon Torp attorneys in nine practice areas have been included in the 2019 Oregon Super Lawyers or Rising Stars lists.
-+
Recent Alerts
12.17.2013
2013 HR Roundup - Checklist of New Employment Laws this Year
The year 2013 brought several changes to employment laws affecting Oregon employers. In this alert, we highlight the key changes of this past year so that our clients are aware of the changes, and have an opportunity to update their employee…
12.12.2013
Don't Let The Holidays Take You For a Sleigh Ride
With the holidays around the corner, many employers organize parties to promote collegial working relationships and foster a pleasant work environment. While the benefits of holiday parties on employee morale are tangible, they may also present legal…
11.1.2013
IRS Modifies "Use-it-or Lose-it" Rule for Health Flexible Spending Accounts
On October 31, 2013 the IRS issued Notice 2013-71 modifying the "use-it-or-lose-it" rule for health flexible spending accounts ("FSAs") under §125 cafeteria plans. These modified rules are welcome relief for employers and employees, and can apply as…
10.15.2013
Veterans Day Mandatory Holiday for Oregon Employers
With Veterans Day (November 11) looming in the horizon, Oregon employers should plan to give the day off to eligible veterans in their workforce. Earlier this year, Governor Kitzhaber signed into law Senate Bill 1 that requires companies to provide…
10.10.2013
EEOC Focuses on ADA and Sex Bias Lawsuits
Information gleaned from the filings by the Equal Employment Opportunity Commission ("EEOC") for its fiscal year 2013, which ended September 30, shows a very decided emphasis on cases arising under the Americans With Disabilities Act ("ADA") and…
11.19.2012
What Employers Can Learn from Petraeus's Downfall
We have all witnessed the instantaneous fall from grace of General David Petraeus, which snowballed from anonymous harassing emails sent to Tampa socialite Jill Kelley to implicating Petraeus's biographer Paula Broadwell to revealing the racy details…
8.28.2012
Sick Times in Seattle: A New Ordinance Provides Generous Leave for Seattle Employees
Beginning on September 1, 2012, a new law in Seattle will require certain employers to offer paid sick and safe time ("PSST") to employees who work within Seattle city limits. The Seattle Paid Sick and Safe Time Ordinance applies to all companies…
6.20.2012
IRS Issues Guidance on $2,500 Health Flexible Spending Account Limit
The IRS recently issued helpful guidance in Notice 2012-40 on the $2,500 annual limitation on salary reduction contributions to health flexible spending accounts ("FSAs"), effective beginning in 2013.
2.15.2012
New H-1B Filings Begin April 2
April 2 through 6, 2012, is the initial filing window for new H-1B petitions to be filed against the USCIS FY2013 H-1B quota if the H-1B quota availability is immediately exhausted. Employers should determine as soon as possible whether they have any…
12.29.2011
New Employment Laws Ring in the New Year
The Oregon legislature enacted a few employment laws this year which go into effect on January 1, 2012.
-+
Publications & Presentations
Bob is a frequent speaker at seminars on labor and employment law and provides training for clients on various issues.
"2013 HR Roundup: Checklist of New Employment Laws this Year," PHRMA News & Views, December 2013
"One Size Does Not Fit All: FMLA Leave and Same-Sex Couples," PHRMA News & Views, November 2013
"Affordable Care Act Retaliation," PHRMA News & Views, October 2013
"Protecting Confidential Business Information," PHRMA News & Views, September 2013
"Legislative Update: OFLA to Provide Leave to Deal with Death of a Family Member," PHRMA News & Views, August 2013
"Politics in the Workplace," PHRMA News & Views, July 2013
"The Pitfall of the Unpaid Intern," PHRMA News & Views, June 2013
"Evaluating the Independent Contractor Designation for Purpose of Wage Claims," PHRMA News & Views, May 2013
"Play or Pay: Crunching the Numbers on Affordable Care Act Penalties," PHRMA News & Views, April 2013
"Sick Times in Portland: What You Should Know about Portland’s Sick Leave Ordinance," PHRMA News & Views, March 2013
"Protecting Your Company's Competitive Advantage Through Employment Agreements," PHRMA News & Views, February 2013