Jim Vogele

Jim Vogele

Attorney at Law

Phone:  (503) 841-6722 ext. 1
Email:  jimvogele@gmail.com
Office:  812 NW 17th Ave., Portland, OR  97209

Hi!  Thanks for visiting our employment law firm.  Email or call if you think my experience and background could provide value and be of assistance (email is the most efficient way to initiate contact).  Below this bio, you'll find a sampling of cases I've handled, along with publications, speaking engagements, and employment law articles I've written for this website on topics such as physician employment contracts, noncompete agreements, wage and hour law, sexual harassment cases, and race discrimination. 

Professional Background

I provide employment law consultation and litigation services.  I handle a mix of hourly fee and contingency fee matters.  I've successfully resolved all sorts of employment law cases, including wage & hour, sexual harassment, discrimination, retaliation, family leave and breach of contract issues (including lots of restrictive covenant, noncompete, nonsolicitation and nondisclosure matters).  I also prepare employment contracts, handbooks and policies.  I frequently work with physicians and tech workers and generally a wide range of employees on their contracts and employment law issues.  I've served as trial attorney in two overtime class actions.  In those cases, we recovered over $200 million for over 3,000 employees -- I was second chair trial counsel in both of those class action trials.  In addition to my own cases, I often work collaboratively as co-counsel or on a contract basis with other attorneys.   

I received a J.D. from Harvard Law School.  I've long been an active member of the Montana State Bar (1988), the California State Bar (1991), and the Oregon State Bar (2011). During law school, I was a summer law clerk for Justice Warren W. Matthews, Jr. of the Alaska Supreme Court. I have a B.A. with Honors in English Literature from Montana State University.  From 2014 to 2016, I was co-chair of the Employment Law Section of the Oregon Trial Lawyers Association ("OTLA").

I've taught at seminars for attorneys, law students, and undergraduates.  Most recently, in June 2019, I lectured at an Oregon State Bar Employment Law Bootcamp on "Non-competition, Nonsolicitation, and Severance Agreements."  In San Francisco, I volunteered as a supervising attorney at the Legal Aid Society of California Worker’s Rights Clinic.  In Missoula, Montana, I was a volunteer attorney at the Family Law Clinic of the Montana Legal Services Association.  I've published articles, essays, and treatise selections on employment law and other topics.

Personal Background

I grew up working on my parent's small ranch in Eastern Montana and later in the summers as a roughneck on oil rigs in North Dakota and as a seismographer in the mountains of Wyoming.  I've also had many other blue-collar jobs, including working as a house painter, a landscaper, a gas-station attendant, and as a private bartender.  I was a legal research assistant at Harvard Law School; a tutor to Native American students at Montana State University; and I was a Law School Admissions Test ("LSAT") preparation instructor.  My father had only three years of education and my mother was a high school graduate - yet both parents encouraged me to pursue my education wherever it lead.  

I've practiced law and enjoyed working with outstanding attorney mentors in Portland, San Francisco, and Missoula, MT.  I enjoy reading and writing, travel and biking and hiking with my wife, Kathy, and Layla Labradoodle, who enjoys frisbee and tennis.  I'm a fan of music and sports.

Thanks and let us know if we can help.  

1.  Selected Cases

LITIGATION

Britton v. Brown, 2013 MT 30 (2013) (co-authored appellant’s briefing in the Montana Supreme Court and obtained a reversal in favor of appellant on constitutional due process grounds)

Bell v. Farmers Insurance Exchange, 115 Cal.App.4th 715 (CA 2004) ($200 million recovered for employee class members in an overtime class action after nearly 10 years of litigation and a jury trial -- Jim Vogele was second chair trial counsel)

Breaux v. Agency Rent-A-Car, (N.D.Cal. 1997) ($8 million judgment obtained in U.S. District Court for the employee class in an overtime class action -- Jim Vogele was second chair trial counsel)

Williams & Woods v. RIACS, (San Mateo County CA 1995) (lead counsel in a complex breach of contract case representing two computer programmers employed by RIACS at NASA Ames Center; after a successful judicially-mandated arbitration, the case settled for a confidential amount on the first day of trial)

Triunfo v. Philippine Airlines, (N.D. Cal. 1994) (lead counsel in age discrimination litigation in U.S. District Court resulting in a confidential settlement and a statutory fee award on behalf of the plaintiff employee)

Dept. of Rev. of Mont. v. Kurth Ranch, 511 U.S. 767 (1994) (in my first year as an attorney, I handled the initial investigation, pleadings, and appearances in U.S. Bankruptcy Court where the Montana Dangerous Drug Tax Act was held unconstitutional on double jeopardy grounds in In re Kurth Ranch v. Dept. of  Rev. of Mont., 145 B.R. 61 (1990), a decision that was ultimately affirmed by the Ninth Circuit Court of Appeals and the U.S. Supreme Court).

Masto v. Uniphase Corporation, (Santa Clara County CA 1994) (successful arbitration and settlement of a whistleblower case)

NEGOTIATIONS

Discrimination and Harassment

Negotiated Resolution -   (Portland, OR) (represented job applicant in a confidential settlement of a race discrimination and Section 1981 case for six figures)

Negotiated Resolution -   (San Francisco, CA) (in several matters, represented employees in confidential settlement of sexual harassment claims well into six figures)

Negotiated Resolution -   (Portland, OR) (represented employee victim of race discrimination at a housing entity employer and reached a confidential settlement)

Negotiated Resolution -   (Portland, OR) (represented two employees who were victims of sexual harassment in a health care setting and reached a confidential settlement)

Negotiated Resolution -   (Portland, OR) (represented two employees who were victims of sexual harassment at a trucking company and reached a confidential settlement)

Negotiated Resolution -   (Portland, OR) (represented employee in a confidential settlement of an age discrimination claim during the EEOC investigation stage)

Negotiated Resolution -   (Portland, OR) (represented employee in a confidential settlement of a sex discrimination claim on behalf of a salesperson who was subjected to false stereotypes by a manager who said females were apt to be less devoted employees)

Wage and Hour and Equal Pay

Negotiated Resolution -   (Portland, OR) (represented employee in a confidential settlement of an Oregon and FLSA overtime claim for six figures)

Negotiated Resolution -   (Portland, OR) (obtained statutory waiting time penalties for physician who was not paid final paycheck in a timely fashion)

Negotiated Resolution -   (Portland, OR) (represented employee in a confidential settlement of an equal pay claim for an employee who was substantially underpaid in comparison to her male counterparts)

Contracts and Restrictive Covenants

Negotiated Resolution -   (Portland, OR) (represented small business in a complex negotiation of a confidential settlement agreement in a restrictive covenant matter involving thousands of business customers, with the parties successfully resolving the matter and continuing to do business)

Negotiated Resolution -   (Portland, OR) (represented physician in arbitration proceeding and reached a confidential settlement with substantial compensation for a breach of contract claim due as severance upon contract termination)

Negotiated Resolution -   (Portland, OR) (represented physician in a confidential settlement of a breach of contract claim for substantial salary increases promised but not delivered)

Negotiated Resolution -   (Portland, OR) (represented industrial sales employee who was due substantial commissions and recovered the amount due in a confidential settlement)

Negotiated Resolution -   (Portland, OR) (represented executive who was defendant in arbitration proceeding over noncompete agreement and obtained resolution of case with payment of no damages and dismissal of claims in confidential settlement)

Family Leave

Negotiated Resolution -   (Portland, OR) (represented employee in a confidential settlement of a Family Medical Leave Act claim for interference and discrimination for using protected family leave to care for parent with serious medical condition)

Negotiated Resolution -   (Portland, OR) (represented employee in a confidential settlement of a Family Medical Leave Act claim for interference and discrimination for using protected family leave to care for child with serious medical condition)

Administrative Agency Proceedings

Obtained EEOC Finding of Classwide Sexual Harassment -  (Missoula, MT) (on behalf of a putative class of female employees obtained EEOC determination that sexual harassment had occured on a class-wide basis at a telemarketing firm)

Obtained Dismissal of Agency Proceeding -  (Portland, OR) (on behalf of a small business, obtained dismissial of a gender discrimination claim)

Obtained Dismissal of Agency Proceeding -  (Portland, OR) (on behalf of a small business, obtained dismissial of a whistleblower claim)

2.  Publications

“Preliminary Injunctive Relief:  When Damages Are Not Enough,” Trial Lawyer (Oregon Trial Lawyers Association), Fall 2017

“The Continuing Bar Exam,” Trial Lawyer (Oregon Trial Lawyers Association), Summer 2017

“When Things Go Wrong,” Trial Lawyer (Oregon Trial Lawyers Association), Winter 2015

“Contract Lawyers:  Independent Contractors or Employees,” Co-Author with Lisa Brown, In Brief (Oregon State Bar), 2012

“Others Evidence,” Co-Author with Deborah England, Feature Article, California Employment Law Reporter, 2003

“Compensation,” Treatise Chapter 11 (Wage & Hour law), Co-Author, Rutter California Practice Guide, 2001

Book Review, “Snow Falling on Cedars,” Montana Lawyer, 1998

Book Review, Co-Author with Jennifer Moore, Harvard Women’s Law Journal, Vol. 11, 1988

“Dickens and the Law,” Harvard Law Record, 1987.

3.  Recent Speaking Engagements

"Non-Competition, Non-Solicitation and Severance Agreements," Oregon State Bar, Labor and Employment Section Bootcamp CLE, June 13, 2019, co-presenter with Laura Salerno Owens, Markowitz Herbold PC

"Employment Settlement Agreements -- Catch and Release," Oregon Trial Lawyers Association CLE, Portland, OR, March 5, 2018

“Lessons Learned from Recent Disability Discrimination Trials,” Oregon Trial Lawyers Association CLE, Portland, OR, 2016 – co-panelist

“Wage & Hour Claims:  Sometimes Simple, Sometimes Not,” Oregon Trial Lawyers Association CLE, Portland, OR,  2014

“Sexual and Racial Harassment,” Employment Law Beyond the Basics CLE, Portland, OR,  2014

“Evidence – Rule 404 and ‘Other Acts’,” Oregon Trial Lawyers Association CLE, Employment Law Section, Portland, Oregon, 2013

“Sexual, Racial and Other Harassment in the Workplace,” Fundamentals of Employment Law CLE, Portland, OR, 2013

“Contract Lawyering – Getting Paid,” Oregon Women Lawyers CLE, Portland, OR, 2013

“Montana Employment Law Update” CLE, Missoula, MT, 2011

“Montana Employment Law Update” CLE, Missoula, MT, 2010