Jim vogele bio

Jim W. Vogele

Attorney

Phone: (503) 841-6722 ext. 1

Email: jim@worklaw.io

Office: 812 NW 17th Ave., Portland, OR 97209

Contact Forms:

Employees > Employers >
Thank you for visiting our employment law firm.  I have been successfully litigating employment law cases for over twenty-five years.  If you think my experience and background may be of assistance to you, please use the Contact Form links above.  You may also email me directly at:   jim@worklaw.io  Or you may call:  (503) 841-6722 ext. 1. 

Below this bio, you'll see cases I've handled, along with publications and speaking engagements.  Please also see some of the articles I've written for this website on topics including physician employment contracts, Oregon noncompetition and nonsolicitation agreements, wage and hour law, age and race discrimination and sexual harassment litigation, and family medical leave laws.     

Professional Background

I provide employment law consultation and litigation services, including hourly fee and contingency fee matters.  I've represented employees in hundreds of successful employment law matters throughout Oregon, California, and Montana, including wage & hour, sexual harassment, discrimination, retaliation, family leave and breach of contract matters.  I frequently work with physicians and tech workers and generally with a wide range of employees regarding contracts and employment law issues.  I also prepare employment contracts, handbooks and policies for small employers. 

 In addition to my own cases, I often work collaboratively on a co-counsel or contract basis with other attorneys.  I've served as second-chair trial attorney in two overtime class action trials, collectively recovering more than $200 million for over 3,000 employees.   

After receiving a J.D. from Harvard Law School, I've been active in 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 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 supervising attorney at the Legal Aid Society of California Worker’s Rights Clinic.  In Missoula, Montana, I was a volunteer attorney at the Montana Legal Services Association Family Law Clinic.  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.  In addition, I've had many other blue-collar jobs, including working as a house painter, a landscaper, a gas-station attendant, and as a private bartender.  At Harvard Law School, I was a legal research assistant; at Montana State, I was a tutor to Native American students; and I was a Law School Admissions Test ("LSAT") preparation instructor.  My father had just three years of formal education and my mother was a high school graduate - yet both encouraged me to pursue my education wherever it lead.  

I've practiced and learned from outstanding attorney mentors in Portland, San Francisco, and Missoula, MT.  I enjoy reading, writing, music and sports, as well as travel, biking and hiking with my wife, Kathy.  Our dog, Layla, enjoys frisbee, tennis and swimming.

Thanks and let me know if I can help.  

1.  Selected Cases

LITIGATION

Britton v. Brown, 2013 MT 30 (2013) (co-authored appellant’s briefing in Montana Supreme Court and obtained 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 thousands of employees in overtime class action after nearly 10 years of litigation and jury trial -- Jim Vogele second chair trial counsel)

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

Williams & Woods v. RIACS, (San Mateo County CA 1995) (lead counsel in complex breach of contract case representing two computer programmers employed by RIACS at NASA Ames Center; after successful judicially-mandated arbitration, case settled for confidential amount on 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 confidential settlement and statutory fee award on behalf of plaintiff employee)

Dept. of Rev. of Mont. v. Kurth Ranch, 511 U.S. 767 (1994) (in first year as attorney, handled initial investigation, pleadings, and appearances in U.S. Bankruptcy Court where MT Dangerous Drug Tax Act held unconstitutional on double jeopardy grounds in In re Kurth Ranch v. Dept. of  Rev. of Mont., 145 B.R. 61 (1990), affirmed by Ninth Circuit Court of Appeals and 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 confidential settlement of race discrimination and Section 1981 claim for six figures)

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

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

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

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

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

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

Wage & Hour and Equal Pay

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

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

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

Contracts and Restrictive Covenants

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

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

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

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

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

Family Medical Leave

Negotiated Resolution -   (Portland, OR) (represented employee in confidential settlement of FMLA/OFLA interference/discrimination claims for using leave to care for sick parent)

Negotiated Resolution -   (Portland, OR) (represented employee in confidential settlement of FMLA/OFLA interference/discrimination claims for using leave to care for sick child)

Administrative Agency Proceedings

Obtained EEOC Finding of Classwide Sexual Harassment -  (Missoula, MT) (represented putative class of female employees and obtained EEOC determination of class-wide sexual harassment at telemarketing firm)

Obtained Dismissal of Agency Proceeding -  (Portland, OR) (represented small business and obtained dismissal of gender discrimination claim)

Obtained Dismissal of Agency Proceeding -  (Portland, OR) (represented small business and obtained dismissal of 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

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

Book Review, "Snow Falling on Cedars," Montana Lawyer, 1998

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

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