Jay J. Athey

jathey@littler.com
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Jay J. Athey partners with management in developing creative solutions to employment issues. He maintains an active practice in New Mexico, Montana, and Florida, assisting clients in addressing employee-related challenges both proactively and reactively. 

Jay’s practice focuses on representing employers in workplace law matters, including discrimination, harassment, retaliation, and wage claims on the agency level and in litigation. He defends local, regional, and national employers in retaliatory discharge/wrongful termination litigation and more complex litigation, such as class action and collective action cases under the Fair Labor Standards Act and analogous state statutes. Jay has presented on the Montana Wrongful Discharge from Employment Act and regularly advises clients on separation and issues related to at-will employment in Montana. Jay represents public employers in litigation involving sovereign immunity under the Federal Torts Claims Act and analogous state statutes.

Jay provides preventive advice and counseling to clients, as well as management training, with respect to personnel matters, including investigations, compliance, policy review/development, employee training, and separation. He also provides counsel to upper management and boards of directors on compliance and corporate governance issues related to best practices and management of employment law exposures.

Prior to joining Littler, Jay practiced in Florida, Colorado, and Montana, defending all types of civil litigation cases in state and federal court.

Credentials & Recognition

Speaking Engagements

Montana Employment Law: Hiring, Firing, and Disciplining Employees, Your Guide to Lawfully Hiring and Terminating Employees

  • November 2023
  • National Business Institute (NBI) Webinar

Let us know how we can help you navigate your particular workplace legal issues.