Joshua Bortnick
Profile
Josh Bortnick provides labor and employment counseling and litigation defense exclusively to employers. Representing a wide range of companies since 2005, Mr. Bortnick’s practice is focused on all aspects of employment-related disputes including litigation alleging claims of harassment, discrimination, retaliation, wage payment violations, and violations of many other employment-related federal and state laws. Mr. Bortnick also represents employers in the defense of and prosecution of claims involving non-competition and non-solicitation agreements as well as litigation involving the misuse of trade secrets and other proprietary information having significant value to employers.
Mr. Bortnick also counsels employers in all daily matters related to employees, including payroll issues, termination, discipline, hiring, creation of employment handbooks and policies, and employee training. Licensed to represent clients in all Missouri and Illinois state courts, the federal district courts in the Eastern District of Missouri and the Southern District of Illinois, and the Eighth Circuit Court of Appeals, Mr. Bortnick is able to provide timely and accurate advice to employers in order to support them in reaching their goals and avoid employment-related litigation all together.
Experience
Mr. Bortnick recently completed the successful representation of a municipality who had been accused of unlawful retaliation in connection with a political election. Mr. Bortnick was able to get summary judgment at the federal district court level, including reimbursement for the client’s costs. Mr. Bortnick was also able to have the summary judgment affirmed by the Eighth Circuit Court of Appeals. Again, Mr. Bortnick was success in obtaining an award for his client’s costs at the appellate level.
Mr. Bortnick also completed the successful defense of a large pharmaceutical company who had been accused of age discrimination and retaliation. The plaintiff had actually been discharged due to inappropriate notes taken during a training seminar and given to her supervisor. Even though the discharge came over six months after the notes were first discovered, Mr. Bortnick was able to receive summary judgment for his client at the federal district court level, along with an order for reimbursement of all costs associated with the case.
Further, Mr. Bortnick successfully defended a large hospital client at the Missouri Court of Appeals. The case was based on an employee of a contracting medical company not having her employment contract renewed. After several phases of briefing, due to important Missouri Supreme Court holdings, the Court of Appeals affirmed the lower court’s dismiss of the case.
Education and Honors
J.D., magna cum laude, University of Illinois-Champaign, 2005
B.S.B.A., Washington University, 2000
Professional Activities
- Missouri Bar Association
- Illinois Bar Association
- Lorman Education Services - "Missouri Employment Legislation Update" - Teleconference - November 9, 2010
- Lorman Education Services - "Return-to-Work Compliance When Jobs are Gone" - Teleconference - June 23, 2010
- Lorman Education Services - "Administering the Family Medical Leave Act Under the New Regulations " - Belleville - May 15, 2009
- Council on Education in Management - "Advanced Family Medical Leave Act Overview" - St. Louis - April 21, 2009
- Ogletree Deakins Seminar - "What Every Employer Should Know About Employment Verification: Missouri’s E-Verify Law, I-9s, Social Security Mismatch Letters, and More" - St. Louis - April 9, 2009
Missouri
Illinois
U.S. District Court, Southern District of Illinois
U.S. District Court, Eastern District of Missouri
U.S. Court of Appeals, Eighth Circuit


