Erin McPhailWetty
Senior Counsel
Labor & Employment
ewetty@seyfarth.com
Erin partners with clients to defend against claims of discrimination, harassment, and retaliation in the workplace, while also minimizing legal risks and balancing business interests.
More About Erin
Erin represents employers and management in litigation on a wide variety of employment-related matters to ensure compliance with federal and state laws, and to obtain successful resolutions in current and former employee claims. She also provides advice to employers to avoid the expense and other wasted resources associated with state and federal court litigation, and to facilitate a supportive work environment for her clients' workforces.
Erin focuses the majority of her practice on defending employers against single- and multiplaintiff claims of discrimination and harassment based on sex, race, national origin, age, religion, pregnancy, and disability, as well as defending against medical leave-related and Sarbanes-Oxley retaliation claims. Erin has defended employers and management against employment law claims for more than a decade, and has represented companies across numerous industries, including retail, financial services, hospitality, foodservice management, aviation, health care, packaging, and government defense contractors.
Prior to attending law school, Erin accrued nearly a decade of experience in the retail and hospitality industries, providing her with exposure to multiple "real world" scenarios, and the ability to effectively communicate and work with all levels of employees.
As a trusted advisor to several national portfolio clients, Erin has learned the intricacies of various industries and what drives value for business partners. She provides tailored recommendations and counsel that will meet the business needs of clients, as well as satisfy their legal obligations.
Erin enjoys working at Seyfarth, because the firm has always been supportive of advancing her career and offering growth opportunities. She's been with Seyfarth since her summer associate years.
Erin focuses the majority of her practice on defending employers against single- and multiplaintiff claims of discrimination and harassment based on sex, race, national origin, age, religion, pregnancy, and disability, as well as defending against medical leave-related and Sarbanes-Oxley retaliation claims. Erin has defended employers and management against employment law claims for more than a decade, and has represented companies across numerous industries, including retail, financial services, hospitality, foodservice management, aviation, health care, packaging, and government defense contractors.
Prior to attending law school, Erin accrued nearly a decade of experience in the retail and hospitality industries, providing her with exposure to multiple "real world" scenarios, and the ability to effectively communicate and work with all levels of employees.
As a trusted advisor to several national portfolio clients, Erin has learned the intricacies of various industries and what drives value for business partners. She provides tailored recommendations and counsel that will meet the business needs of clients, as well as satisfy their legal obligations.
Erin enjoys working at Seyfarth, because the firm has always been supportive of advancing her career and offering growth opportunities. She's been with Seyfarth since her summer associate years.
- JD, University of Georgia School of Law
Cum laude
Georgia Journal of International & Comparative Law, executive editor - AB, ABJ, University of Georgia
German and Public RelationsSumma cum laude
First Honor for 4.0 GPA
Honors Program
Other Education
- The Science of Well-Being, Yale University (Summer 2020)
- Georgia
- US Supreme Court
- US Court of Appeals, Fifth Circuit
- US Court of Appeals, Eleventh Circuit
- US District Court, Northern District of Florida
- US District Court, Middle District of Georgia
- US District Court, Northern District of Georgia
- US District Court, Southern District of Georgia
- Supreme Court of Georgia
- Georgia Court of Appeals
Related Services
Related Key Industries
- Secured appellate victory on matter involving allegations of national origin and race discrimination as relating to promotions, harassment, termination, and other terms and conditions of employment, retaliation as relating to reports of alleged regulatory violations and discriminatory treatment of customers, and “pattern or practice” claims based on national origin, race, and sex.
- Secured complete summary judgment for employer on claims of gender and religious discrimination, hostile work environment, and retaliation in violation of Title VII, based on numerous decisions regarding plaintiff’s employment, including his hours, disciplinary history, job assignments, work environment, and termination.
- Obtained complete defense verdict in multiday jury trial regarding failure-to-promote claim under FMLA.
- Secured appellate victory where court of appeals affirmed lower court’s grant of summary judgment to employer in race discrimination case.
- Defended employer in multiday administrative bench trial regarding retaliatory discharge claim under SOX.
- Arbitrator granted summary judgment to employer on claimant’s wrongful termination claim under Title VII.
- Obtained early dismissal of putative Rule 23 class action, based on principles of res judicata.
- Represented employer before 11th Circuit, wherein the Court affirmed district court's order granting employer's motion for summary judgment in race and national origin discrimination and harassment lawsuit.
Related News & Insights
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Blog Post
Jun 19, 2014
California District Court Holds that Redbox Does Not Have to Offer Captioned Videos at its Rental Kiosks or on its Streaming Video Website
-
Blog Post
Nov 5, 2013
An Indefinite Leave Of Absence May Be A Reasonable Accommodation?! Wait, Just A New York Minute…
-
Speaking Engagement
Oct 15, 2013
Seyfarth Shaw will present on a variety of employment law updates
-
Blog Post
Aug 28, 2013
“See you in…well, I don’t know when”: Is an Unlimited Leave of Absence a Reasonable Accommodation Under the ADA?
- Listed in Georgia Super Lawyers Rising Stars for Employment Litigation: Defense (Thomson Reuters) (2014-2022)
- Committee Star recognition, Georgia Association for Women Lawyers (2007-2008)
- Outstanding Public Service Award, Pro Bono Project of the State Bar of Georgia (2008)
- Featured in Atlanta Volunteer Lawyers Foundation Newsletter for pro bono work (2009)
- "California District Court Holds that Redbox Does Not Have to Offer Captioned Videos at its Rental Kiosks or on its Streaming Video Website," ADA Title III News & Insights Blog, Seyfarth Shaw LLP (June 19, 2014)
- "I’m the best candidate for this job, but you should know that I’m also a whistleblower." Workplace Whistleblower, Seyfarth Shaw LLP (November 19, 2013)
- Co-Author, "DOL Rules That SOX Whistleblower Provision Covers Private Companies That Contract With Public Companies, Rejects Recent First Circuit Decision To The Contrary," One Minute Memo, Seyfarth Shaw LLP (June 6, 2012)
- Contributing Author, Chapter 26, Wage & Hour Collective and Class Litigation, ALM Law Journal Press (2012). Definitive treatise on wage and hour litigation.
- Co-Author, "Federal District Courts Issue Two SOX Whistleblower Decisions That Favor Employers," One Minute Memo, Seyfarth Shaw LLP (September 2, 2011)
- Co-Author, "Fifth Circuit Strengthens Defenses to SOX Whistleblower Claims," One Minute Memo, Seyfarth Shaw LLP (July 1, 2011)
- Co-Author, "SEC Issues Final Rules Implementing the Bounty Provisions of the Dodd-Frank Act," Management Alert , Seyfarth Shaw LLP (May 26, 2011)
- Research assistant, "New Whistleblower Policies & Incentives: A Paradigm Shift From 'Oversight' To 'Insight,'" RAND, Center For Corporate Ethics & Governance (May 2011)
- Co-Author, "ARB Strictly Enforces SOX’s Whistleblower Provisions In A Pair Of Recent Cases," One Minute Memo, Seyfarth Shaw LLP (March 23, 2011)
- Co-Author, "District Court Takes Liberal Approach to SOX Whistleblower Pleading Requirements," One Minute Memo, Seyfarth Shaw LLP (Feb. 8, 2011)
- "Georgia Gets Competitive", Georgia Bar Journal (December 2009)
- Featured in the Daily Report regarding Presentation to the Association of Corporate Counsel on Non-Competition and Non-Solicitation Agreements (May 5, 2009)
- "Settlement Best Practices," In-house CLE (March 2021)
-
"Effective Client Communications," In-house CLE (November 2019)
-
"Ethics & Professionalism in Employment Litigation," University of Georgia School of Law (September 2019)
- "Ethics & Professionalism in Employment Litigation," University of Georgia School of Law (September 2018)
- "2014 Employment Law Update," Client Presentation (March 2015)
- "What Is The Americans With Disabilities Act And Why Does It Matter?" Client Presentation (February 2014)
- "Looking Back & Looking Forward: 2013 In Review & What To Expect In 2014," Client Presentation (December 2013)
- "2013 Employment Law Update," Client Presentation (October 2013)
- "Effects of Social Media in the Workplace," Client Presentation (May 6, 2013)
- "Looking Back & Looking Forward: 2012 In Review & What To Expect In 2013," Client Presentation (December 19, 2012)
- "Whistleblowers: Minimizing Risks By Creating a Culture of Compliance," Webinar (August 22, 2012)
- Panelist, "Georgia Gets Competitive: A Panel Discussion of the Proposed Changes to Non-Competition, Non-Solicitation and Non-Disclosure Agreements," University of Georgia School of Law (October 2010)
- Guest Speaker, "Wildly Successful Women," University of Georgia School of Law (October 2010)
- "Employment Law Update: Wage and Hour Trends and Restrictive Covenant Legislation," University of Georgia School of Law (April 12, 2010)
- "Employment Law 2010: A Year of Challenge and Opportunity - Update on Georgia Restrictive Covenant Law," CLE event (March 31, 2010)
- "Navigating Non-Competition and Non-Solicitation Agreements: Where We Are and Where We Are Going," Association of Corporate Counsel - Georgia Chapter (April 14, 2009)
- "Navigating Non-Competition and Non-Solicitation Agreements: Where We Are and Where We Are Going," Habif Arogeti & Wynne (May 20, 2009)
- Recipient of the 2019 Foothills District Good Egg Award for volunteer work, Atlanta Area Council, Boy Scouts of America
- The Hirsch Academy (board of directors, 2010-2017; provider of pro bono counseling, 2010-present)
Erin partners with clients to defend against claims of discrimination, harassment, and retaliation in the workplace, while also minimizing legal risks and balancing business interests.
More About Erin
Erin represents employers and management in litigation on a wide variety of employment-related matters to ensure compliance with federal and state laws, and to obtain successful resolutions in current and former employee claims. She also provides advice to employers to avoid the expense and other wasted resources associated with state and federal court litigation, and to facilitate a supportive work environment for her clients' workforces.
Erin focuses the majority of her practice on defending employers against single- and multiplaintiff claims of discrimination and harassment based on sex, race, national origin, age, religion, pregnancy, and disability, as well as defending against medical leave-related and Sarbanes-Oxley retaliation claims. Erin has defended employers and management against employment law claims for more than a decade, and has represented companies across numerous industries, including retail, financial services, hospitality, foodservice management, aviation, health care, packaging, and government defense contractors.
Prior to attending law school, Erin accrued nearly a decade of experience in the retail and hospitality industries, providing her with exposure to multiple "real world" scenarios, and the ability to effectively communicate and work with all levels of employees.
As a trusted advisor to several national portfolio clients, Erin has learned the intricacies of various industries and what drives value for business partners. She provides tailored recommendations and counsel that will meet the business needs of clients, as well as satisfy their legal obligations.
Erin enjoys working at Seyfarth, because the firm has always been supportive of advancing her career and offering growth opportunities. She's been with Seyfarth since her summer associate years.
Erin focuses the majority of her practice on defending employers against single- and multiplaintiff claims of discrimination and harassment based on sex, race, national origin, age, religion, pregnancy, and disability, as well as defending against medical leave-related and Sarbanes-Oxley retaliation claims. Erin has defended employers and management against employment law claims for more than a decade, and has represented companies across numerous industries, including retail, financial services, hospitality, foodservice management, aviation, health care, packaging, and government defense contractors.
Prior to attending law school, Erin accrued nearly a decade of experience in the retail and hospitality industries, providing her with exposure to multiple "real world" scenarios, and the ability to effectively communicate and work with all levels of employees.
As a trusted advisor to several national portfolio clients, Erin has learned the intricacies of various industries and what drives value for business partners. She provides tailored recommendations and counsel that will meet the business needs of clients, as well as satisfy their legal obligations.
Erin enjoys working at Seyfarth, because the firm has always been supportive of advancing her career and offering growth opportunities. She's been with Seyfarth since her summer associate years.
- JD, University of Georgia School of Law
Cum laude
Georgia Journal of International & Comparative Law, executive editor - AB, ABJ, University of Georgia
German and Public RelationsSumma cum laude
First Honor for 4.0 GPA
Honors Program
Other Education
- The Science of Well-Being, Yale University (Summer 2020)
- Georgia
- US Supreme Court
- US Court of Appeals, Fifth Circuit
- US Court of Appeals, Eleventh Circuit
- US District Court, Northern District of Florida
- US District Court, Middle District of Georgia
- US District Court, Northern District of Georgia
- US District Court, Southern District of Georgia
- Supreme Court of Georgia
- Georgia Court of Appeals
Related Services
Related Key Industries
- Secured appellate victory on matter involving allegations of national origin and race discrimination as relating to promotions, harassment, termination, and other terms and conditions of employment, retaliation as relating to reports of alleged regulatory violations and discriminatory treatment of customers, and “pattern or practice” claims based on national origin, race, and sex.
- Secured complete summary judgment for employer on claims of gender and religious discrimination, hostile work environment, and retaliation in violation of Title VII, based on numerous decisions regarding plaintiff’s employment, including his hours, disciplinary history, job assignments, work environment, and termination.
- Obtained complete defense verdict in multiday jury trial regarding failure-to-promote claim under FMLA.
- Secured appellate victory where court of appeals affirmed lower court’s grant of summary judgment to employer in race discrimination case.
- Defended employer in multiday administrative bench trial regarding retaliatory discharge claim under SOX.
- Arbitrator granted summary judgment to employer on claimant’s wrongful termination claim under Title VII.
- Obtained early dismissal of putative Rule 23 class action, based on principles of res judicata.
- Represented employer before 11th Circuit, wherein the Court affirmed district court's order granting employer's motion for summary judgment in race and national origin discrimination and harassment lawsuit.
Related News & Insights
-
Blog Post
Jun 19, 2014
California District Court Holds that Redbox Does Not Have to Offer Captioned Videos at its Rental Kiosks or on its Streaming Video Website
-
Blog Post
Nov 5, 2013
An Indefinite Leave Of Absence May Be A Reasonable Accommodation?! Wait, Just A New York Minute…
-
Speaking Engagement
Oct 15, 2013
Seyfarth Shaw will present on a variety of employment law updates
-
Blog Post
Aug 28, 2013
“See you in…well, I don’t know when”: Is an Unlimited Leave of Absence a Reasonable Accommodation Under the ADA?
- Listed in Georgia Super Lawyers Rising Stars for Employment Litigation: Defense (Thomson Reuters) (2014-2022)
- Committee Star recognition, Georgia Association for Women Lawyers (2007-2008)
- Outstanding Public Service Award, Pro Bono Project of the State Bar of Georgia (2008)
- Featured in Atlanta Volunteer Lawyers Foundation Newsletter for pro bono work (2009)
- "California District Court Holds that Redbox Does Not Have to Offer Captioned Videos at its Rental Kiosks or on its Streaming Video Website," ADA Title III News & Insights Blog, Seyfarth Shaw LLP (June 19, 2014)
- "I’m the best candidate for this job, but you should know that I’m also a whistleblower." Workplace Whistleblower, Seyfarth Shaw LLP (November 19, 2013)
- Co-Author, "DOL Rules That SOX Whistleblower Provision Covers Private Companies That Contract With Public Companies, Rejects Recent First Circuit Decision To The Contrary," One Minute Memo, Seyfarth Shaw LLP (June 6, 2012)
- Contributing Author, Chapter 26, Wage & Hour Collective and Class Litigation, ALM Law Journal Press (2012). Definitive treatise on wage and hour litigation.
- Co-Author, "Federal District Courts Issue Two SOX Whistleblower Decisions That Favor Employers," One Minute Memo, Seyfarth Shaw LLP (September 2, 2011)
- Co-Author, "Fifth Circuit Strengthens Defenses to SOX Whistleblower Claims," One Minute Memo, Seyfarth Shaw LLP (July 1, 2011)
- Co-Author, "SEC Issues Final Rules Implementing the Bounty Provisions of the Dodd-Frank Act," Management Alert , Seyfarth Shaw LLP (May 26, 2011)
- Research assistant, "New Whistleblower Policies & Incentives: A Paradigm Shift From 'Oversight' To 'Insight,'" RAND, Center For Corporate Ethics & Governance (May 2011)
- Co-Author, "ARB Strictly Enforces SOX’s Whistleblower Provisions In A Pair Of Recent Cases," One Minute Memo, Seyfarth Shaw LLP (March 23, 2011)
- Co-Author, "District Court Takes Liberal Approach to SOX Whistleblower Pleading Requirements," One Minute Memo, Seyfarth Shaw LLP (Feb. 8, 2011)
- "Georgia Gets Competitive", Georgia Bar Journal (December 2009)
- Featured in the Daily Report regarding Presentation to the Association of Corporate Counsel on Non-Competition and Non-Solicitation Agreements (May 5, 2009)
- "Settlement Best Practices," In-house CLE (March 2021)
-
"Effective Client Communications," In-house CLE (November 2019)
-
"Ethics & Professionalism in Employment Litigation," University of Georgia School of Law (September 2019)
- "Ethics & Professionalism in Employment Litigation," University of Georgia School of Law (September 2018)
- "2014 Employment Law Update," Client Presentation (March 2015)
- "What Is The Americans With Disabilities Act And Why Does It Matter?" Client Presentation (February 2014)
- "Looking Back & Looking Forward: 2013 In Review & What To Expect In 2014," Client Presentation (December 2013)
- "2013 Employment Law Update," Client Presentation (October 2013)
- "Effects of Social Media in the Workplace," Client Presentation (May 6, 2013)
- "Looking Back & Looking Forward: 2012 In Review & What To Expect In 2013," Client Presentation (December 19, 2012)
- "Whistleblowers: Minimizing Risks By Creating a Culture of Compliance," Webinar (August 22, 2012)
- Panelist, "Georgia Gets Competitive: A Panel Discussion of the Proposed Changes to Non-Competition, Non-Solicitation and Non-Disclosure Agreements," University of Georgia School of Law (October 2010)
- Guest Speaker, "Wildly Successful Women," University of Georgia School of Law (October 2010)
- "Employment Law Update: Wage and Hour Trends and Restrictive Covenant Legislation," University of Georgia School of Law (April 12, 2010)
- "Employment Law 2010: A Year of Challenge and Opportunity - Update on Georgia Restrictive Covenant Law," CLE event (March 31, 2010)
- "Navigating Non-Competition and Non-Solicitation Agreements: Where We Are and Where We Are Going," Association of Corporate Counsel - Georgia Chapter (April 14, 2009)
- "Navigating Non-Competition and Non-Solicitation Agreements: Where We Are and Where We Are Going," Habif Arogeti & Wynne (May 20, 2009)
- Recipient of the 2019 Foothills District Good Egg Award for volunteer work, Atlanta Area Council, Boy Scouts of America
- The Hirsch Academy (board of directors, 2010-2017; provider of pro bono counseling, 2010-present)