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Kathleen W. Toth
Kathleen W. Toth is a member of the law firm of Manning Curtis Bradshaw & Bednar with a practice in employment law and employment litigation. She advises clients regarding federal and state employment laws, and she represents several major state and national employers. She is included among The Best Lawyers in America for labor and employment law and has been elected consistently to Utah's Legal Elite since 2004. Ms. Toth has litigation experience in areas involving employment contracts, non-competition and severance agreements, employee privacy issues, all Title VII protected classes, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Fair Labor Standards Act, the Family Medical Leave Act, and employment-related state law tort claims.
Ms. Toth graduated as a Leary Scholar from the University of Utah S.J. Quinney College of Law where she served as a member of the Utah Law Review. After graduation, Ms. Toth completed a federal judicial clerkship with the Honorable Ewing Werlein, United States District Court for the Southern District of Texas. Prior to joining the firm, Ms. Toth was an associate specializing in employment law with the Houston office of Littler Mendelson. Ms. Toth is an experienced trainer and speaker on such issues as Title VII sexual harassment, employee handbooks, proper interview, discipline and termination procedures, non-competition and confidentiality agreements, the FMLA, ADA and ADEA. In addition, Ms. Toth has authored several publications ranging from topics such as retaliation to wrongful discharge.
Practice Emphasis:
- Employment litigation and counseling
- Negotiation and review of severance agreements, employment contracts and non-compete agreements
Education and Accomplishments:
- B.A., cum laude, University of Utah, 1991
- J.D., University of Utah College of Law, 1994
- Utah Law Review, 1993-1994
- William H. Leary Scholar
- Judicial Law Clerk for the Honorable Ewing J. Werlein, United States District Court or the Southern District of Texas, 1996-1997
Licensed:
- Texas since 1995
- United States District Court for the Southern District of Texas
- Fifth Circuit Court of Appeals
- Utah since 1999
- United States District Court for the District of Utah
- Tenth Circuit Court of Appeals
Professional Affiliations, Activities and Service:
- American Bar Association
- Section of Labor and Employment Law--Management
- Federal Bar Association
- Utah Bar Association
- Labor and Employment Section of Utah State Bar
- Texas Bar Association
- Listed in Best Lawyers in America and Utah's Legal Elite - Labor and Employment Law
- Society of Human Resource Managers (Salt Lake City, Utah Chapter)
- Pro Bono College of the State Bar of Texas
Seminars:
- Avoiding Employment Litigation and Liability: Practical Solutions, February 21, 2001, Salt Lake City, Utah
- Employment Discrimination Update in Utah, August 29, 2000, Salt Lake City, Utah
- Personnel Law Update 2000: Avoiding the Most Common and Surprising Legal Pitfalls in Your Reference Checking Practices, May 1, 2000, Salt Lake City, Utah
- Progressive Discipline, Coaching & Termination Law 2000, February 22, 2000, Salt Lake City, Utah
- Family and Medical Leave Act in Utah, February 10, 2000, Salt Lake City, Utah
- EEOC Hiring Compliance, January 27, 2000, Salt Lake City, Utah
- Employee Handbooks in Utah: Drafting and Enforcing Sound Procedures and Policies, June 4, 1999, Salt Lake City, Utah
- Annual Texas Employer Seminar and Employment Law Update, September 1998, Houston, Texas
- Annual Texas Employer Seminar and Employment Law Update, September 1997, Houston, Texas
Publications:
- Retaliation: Disciplining the Employee Who Holds You Hostage, Annual Personnel Update (February 2001)
- Employment Discrimination Update in Utah, National Business Institute (August 2000)
- The Five Most Common Mistakes Made by Employers and How to Avoid Them, Personnel Law Update (June 2000)
- Family Medical Leave Act in Utah, Lorman Education Services (February 2000)
- Employee Handbooks in Utah, National Business Institute (June 1999)
- Current Supreme Court Term Promises to Offer Long-Awaited Guidance on Sexual Harassment, Texas Lawyer (June 22, 1998)
- Wrongful Discharge Law in Texas, Texas Employer (January 1998)
Community Activities:
- Bar Examiner Committee for the Utah State Bar, 2003.
- Executive Board Member for the Utah Young Lawyers Division of the Utah State Bar, 1999-2000.
- Board of Directors, South Texas Adoption Resources, 1996-1999.
- Founder and President, University of Utah Alumni Association, Houston, Texas Chapter, 1996-1998.
- Board of Trustees, The McGillis School
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Outside the Office
Kathleen at Uhuru Peak, Mt. Kilimanjaro, Tanzania
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