Nicholas Woodfield is a seasoned trial attorney specializing in civil litigation and appellate advocacy who has recovered millions of dollars for his clients. Mr. Woodfield has tried more than 30 jury trials and 20 non-jury trials; Washingtonian magazine has named him to its Top Lawyers list for his representation of employees in workplace disputes. He is President of the Virginia Employment Lawyer’s Association, and he serves as the National Employment Lawyers Association’s Virginia State Advisory Representative to its Judicial Nominations Committee.
Mr. Woodfield focuses his practice on whistleblower complaints; Fair Labor Standards Act wage non-payment and misclassification claims (exempt/non-exempt and independent contractor); False Claims Act (qui tam) claims; and discrimination and retaliation cases. His results include a $1,134, 886.86 Wage Payment Act judgment, a $650.000 retaliation jury verdict, a $101,000 Title VII/Equal Pay Act jury verdict and numerous settlements exceeding $1,000,000. His cases have helped broaden federal and state protections for employees and whistleblowers, including federal employee whistleblowers – Drake v. USAID, Miller v. TSA; SOX whistleblowers – Kalkunte v. DVI; those who have suffered workplace discrimination – Kennedy v. Virginia Tech; those who have been wrongfully discharged – Miller v. Washington Workplace, Randolph v. ADT; those who have had their wages or benefits unlawfully withheld – Sharer v. Tandberg; and those who fight against forced arbitration of their employment claims Shaffer v. ACS. Mr. Woodfield was Sheila Kalkunte’s counsel in her ground-breaking Sarbanes-Oxley (SOX) whistleblower retaliation claim, which remains one of the few and earliest SOX whistleblowers to have prevailed at the trial level, and he was counsel for Richard Kramer in Kramer v. Trans-Lux Corp., the first Dodd-Frank Act whistleblower retaliation claim to survive a motion to dismiss in federal court. Mr. Woodfield was also Donna Jackson’s lawyer in Edgewood Mgmt. Corp. v. Jackson, 212 Md. App. 177, 66 A.3d 1152 (2013), which substantially broadened retaliation protections in Maryland and is one of the most important employment cases in issued by the Maryland Court of Special Appeals in the last decade.
Mr. Woodfield’s successes have been recognized by various publications, including BNA’s Daily Labor Report, The National Law Journal,Human Resource Executive Online, and Employment Law360. Recently, Mr. Woodfield was quoted in Law360 regarding his precedent setting victory in Randolph v. ADT, where the District Court of Maryland granted summary judgment for the employees, expanding protections for employees who report their employer for not paying them properly. He was also quoted in The National Law Journal about the seminal Sarbanes-Oxley whistleblower case of Kalkunte v. DVI Financial Services, Inc., where the Department of Labor’s Administrative Review Board affirmed, for what appears to be the first time, a decision to award damages to a SOX plaintiff. Mr. Woodfield also earned accolades for redefining the scope of protections available to federal whistleblowers in the Federal Circuit’s decision in Drake v. Agency for International Development, 543 F.3d 1377 (Fed. Cir. 2008).
Mr. Woodfield regularly tries cases for The Employment Law Group® law firm in Montgomery County, Prince George’s County, the District of Columbia, and the Eastern District of Virginia, and in addition to bench trials and administrative hearings in EEO and MSPB matters he regularly tries three to four week long trials per year in state and federal court. He started his career in Birmingham, Alabama practicing in Alabama’s and Florida’s state and federal courts, and in 1999 he matriculated at the University of Oxford in Oxford, England, where he undertook an academic course of study as a Visiting Postgraduate Student in Law. His research focused upon the common law defense of sovereign immunity and led him to Washington, D.C. in the fall of 2000, where he practiced law with the law firm of Watson & Renner. While at Watson & Renner, Mr. Woodfield expanded his practice by representing electric utilities, manufacturers, tele-communications and other industries in cancer claims, toxic torts and environmental exposure claims. He also handled and tried medical malpractice cases for the firm. In 2002 he joined the Washington, D.C. law firm of Hughes & Bentzen, PLLC as a partner, and by 2003 he limited his practice to employment matters. At the same time he committed himself to representing only employees who had been treated unfairly by their employers, and so he joined forces with The Employment Law Group® law firm in 2003.
Mr. Woodfield is admitted to practice law in the state and federal courts of Alabama, Maryland, Virginia, and the District of Columbia, and in 2005 he was admitted to practice before the United States Supreme Court. Most recently, Mr. Woodfield was admitted to the United States Court of Appeals for the 3rd Circuit.
Cumberland School of Law Samford University
Washington and Lee University
Bachelor of Arts
District of Columbia
U.S. District Court - District of Columbia
U.S. District Court - Northern District of Florida
U.S. District Court - District of Maryland
U.S. District Court - Eastern District of Virginia
U.S. District Court - Western District of Virginia
U.S. Court of Appeals - 3rd Circuit
U.S. Court of Appeals - 4th Circuit
U.S. Court of Appeals - DC Circuit
U.S. Supreme Court
Pulling back the ‘Triple Canopy’ on implied-certification claims under the False Claims Act, Westlaw Journal Government Contract, Aug-2015
Compensability of preliminary and postliminary activities under Integrity Staffing Solutions Inc. v. Busk, Westlaw Journal Employment , Jan-2015
Flawed validation tool causes workplace havoc, The Orlando Sentinel, Nov-2014
Workplace Tasks On Trial In Integrity Staffing Arguments, Law360, Oct-2014
The Road to Recovery: State False Claims Acts and Fraud in State-Funded Research, Bloomberg BNA Medical Research Law & Policy Report, Oct-2014
The importance of being an “employee”, Employment Law Daily, Sep-2014
Teleworking as ‘reasonable accommodation’ no longer a remote possibility, Virginia Lawyers Weekly, Aug-2014
Workplace Bullying: Harassment Without a Protected Class, The Employment Law Strategist, Aug-2014
The Game Has Changed for Management: The Virginia Fraud Against Taxpayers Act and Its Applicability to State Entities, Virginia Lawyer, Jul-2014
Employers skirt wage requirements, The Baltimore Sun, Jul-2014
When Can an Employee Quit and Still Sue for Wrongful Discharge?, ABA Employment and Labor Relations , Jun-2014
Comments on the Russell decision by Nicholas Woodfield, principal, The Employment Law Group PC, Westlaw Journal Employment, May-2014
Class litigation and arbitration: Effects of Concepcion and Italian Colors on class action employment claims, Westlaw Journal Employment, Mar-2014
Why the 5th Circ. Was Wrong in Asadi v. GE Energy, Law360, Feb-2014
The effect of the Genesis Healthcare ruling on FLSA collective actions, Westlaw Journal Employment, Feb-2014
The SEC’s New Rules for the Dodd-Frank Whistle-blower Program, Westlaw Journal on Employment, Volume 26, Issue 3, Sep-2011
DMD Extends FLSA’s Prohibition of Retaliation to Mistaken but Good Faith Complaints to a State Agency, Maryland State Bar Association Fall Newsletter, Dec-2010
Maryland Workplace Fraud Act and the Misclassification of Construction and Landscaping Employees, Maryland State Bar Association Section of Labor and Employment Law Newsletter, Dec-2010
CHANGING CURRENTS IN EMPLOYMENT LAW 2010: RECENT TRENDS AND DEVELOPMENTS, employmentlawgroup.net, Oct-2010
Wage and Hour Laws, Wage and Hour Laws, Sep-2008
Federal judge rules against Lufthansa in restoration pay lawsuit, Sun Journal (Lewiston, Me.), Feb-2016
Snowed-In Hotel Worker Loses Job, Noticias Univision Washington D.C., Feb-2016
Hillary’s Email Woes, LIfeZette, Jul-2015
7 Social Media Mistakes That Can Get You Fired From Your Job, CheatSheet.com, Jul-2015
Religious Headscarf Ruling Leaves Questions Unanswered, The National Law Journal, Jun-2015
What the Supreme Court’s Abercrombie ruling could mean for pregnant women in the workplace, Bizwomen, Jun-2015
Nurses’ Whistleblowing Protected Under FCA, 4th Circ. Says, Law360, May-2015
ADA Interactive Process: It Sounds Easy, So Why Is It Hard?, SHRM.org, Mar-2015
How to Handle an Employee’s Offensive Social Media Post, Associated Press/ABC NEWS, Feb-2015
Judge rules former Auburn airplane mechanic can expand lawsuit to other mechanics, Lewiston-Auburn Sun Journal, Feb-2015
High Court’s Refusal To Hear PAGA Case To Spur New Fights, Law360, Jan-2015
What Happens To Uber Drivers And Other Sharing Economy Workers Injured On The Job?, Forbes.com, Jan-2015
Tech’s push to “disrupt” workers is a legal & social timebomb, Gigaom, Dec-2014
Law360 Interviewed Principal & Firm General Counsel Nicholas Woodfield on Random Drug Testing, Law360, Nov-2014
Principal and Firm General Counsel Nicholas Woodfield talks about Supreme Court Case Integrity v. Busk with CBS MoneyWatch, CBS MoneyWatch, Oct-2014
Law360 interviews Nicholas Woodfield On Why Wi-Fi Is Useful To Lawyers In The Courtroom, Law360, Oct-2014
5 Questions Before Cos. Enter Worker Arbitration Deals, Law360, Aug-2014
Amidst crisis, CFPB quietly offers legal services to worried managers, Washington Examiner, Jun-2014
No looking the other way, Virginia Lawyers Weekly, May-2014
Big Pharma’s Gender Headaches, Human Resource Executive Online, Feb-2014
Justices Won’t Weigh Notice Rule For Removal To Fed. Court, Law360, Jan-2014
Scapegoating sours workplace and often leads to upheaval, Las Vegas Review-Journal, Oct-2013
For the Under-banked, Payroll Cards Have Two Faces, The Fiscal Times, Oct-2013
Employment Pacts No Match For Whistleblower Protections, Law360, Sep-2013
Hired to Clean GW Dorms, Workers Fight Company to Recover Wages, The GW Hatchet, Sep-2013
Appeals court reinstates judgement against Germantown company, The Gazette, Jun-2013
Workers in the Sharing Economy: Employment Prospects for Independent Contractors Following the Uber Ruling?, BNA Bloomberg, Oct-2015
Wage and Hour Law Webinar, Virginia CLE, Dec-2014
The Substantial Jury Verdict and the Appeal in the Edgewood Management Corporation v. Donna Jackson Case, Metropolitan Washington Employment Lawyers Association (MWELA), Sep-2013
FLSA Litigation Strategy, Virginia Continuing Legal Education (Virginia CLE), May-2013
Department of Labor and Other Perspectives on Independent Contractor Misclassification, American Bar Association, Apr-2013
The Impact of the Whistleblower Protection Enhancement Act on Litigation, The Federal Circuit Bar Association, Feb-2013
New wage and hour protections to home healthcare workers and new retaliation protections pursuant to the U.S. Supreme Court Kasden decision and 4th Circuit decisions, DCBAR Continuing Legal Education, Oct-2012
Identifying and Resolving Wage and Hour Claims – From the Plaintiffs’ Perspective, Virginia Continuing Legal Education (Virginia CLE), May-2012
FLSA: Current Issues, DCBAR, Apr-2012
Employment Law from a Plaintiff’s Lawyer’s Perspective, , Jan-2011
Maximizing the Value of Your Case,” Securing Wages, Protecting hours: Representing Workers Under the FLSA, , Jan-2011
Problems with FLSA: Classifications, Blackberries and Overtime Considerations, American University Washington College of Law, Jan-2011
Fair Labor Standards Act and Unpaid Wage Actions, DCBAR Continuing Legal Education, Oct-2010
FLSA and Qui Tam Law, Metropolitan Washington Employment Lawyers Association (MWELA), Apr-2008
U.S. News & Best Lawyers Name TELG to Top Tier of DC Law Firms
For Third Year in Row, ‘Best Lawyers’ Honors Two TELG Principals
Super Lawyers Names Six TELG Attorneys to its 2014 List
Washingtonian Magazine Names Nicholas Woodfield of TELG as a 2013 Top Lawyer
U.S. News & Best Lawyers Name TELG to 2014 List of “Best Law Firms”
‘Best Lawyers’ Honors Two TELG Principals in 2014 List
Press Roundup: Top Media Outlets Quote TELG’s Attorneys on NSA Leaker, IRS Scandal, Win for Firm’s Client
Super Lawyers Honors All Four TELG Principals for 2013
Fourth Circuit Reverses Lower Court’s Rejection of Retaliation Jury Verdict in Favor of The Employment Law Group® Client
Once Again, Super Lawyers Honors All Principals of The Employment Law Group® Law Firm as Top-Rated Lawyers
Maryland Appeals Court Restores $650,000 Jury Verdict for Employment Law Group Law Firm Client
DOL Issues Landmark Decision in Favor of SOX Whistleblower in TELG Case
Client: Mr. Richard Levine
Client: Mr. Wendell Carter
Client: Ms. Felicia Smith
Client: Ms. Donna Jackson
Client: DM-Federal Government Whistleblower
"His evaluation was 100% correct."
Also worked with this client:
R. Scott Oswald
"A tiger in the court room"
"My attorney and protector"
"I was informed every step of the way"
"An anchor during some very stormy times"
"Thoroughness and toughness"
"The consummate professional"
"Mr. Woodfield gave his all in litigating my case."
"I really appreciate Mr. Woodfield's excellent handling of my case"
"I wholeheartedly recommend Mr. Woodfield"
"I would hire Mr. Woodfield again in a minute."
"Mr. Woodfield is a true professional"
Client: D.M. - Federal government whistleblower
"Recommend without hesitation"
Also worked with this client:
R. Scott Oswald
Huang v. University of Virginia