Robert C. Whitaker, Jr.
Associate
P: (315) 565-4500 (ext. 4557)
F: (315) 565-4600
rwhitaker@hancocklaw.com
Robert C. Whitaker, Jr. is an associate in the Labor & Employment, Construction and Intellectual Property Practices. He is a member of the Firm’s Hiring Committee. Mr. Whitaker focuses his practice on representing private employers in all aspects of state and federal labor and employment law. Mr. Whitaker regularly defends employers before state and federal agencies and in the courts. In addition, he regularly enforces copyrights in federal court on behalf of musical composers, authors and lyricists.
Prior to joining the Firm, Mr. Whitaker served as a Defense Attorney for the Navy Judge Advocate General’s Corps (Navy JAG Corps), representing active duty military personnel in military federal courts throughout the southeastern United States. He also served as Deputy Staff Judge Advocate and Prosecutor for the 2nd Marine Logistics Group in Al Anbar, Iraq. Mr. Whitaker continues to represent clients in matters involving Veteran Benefits, Administrative Separation Boards, Courts-Martial, Boards of Inquiry, Non-Judicial Punishment (Article 15s) and correction of military records, including discharge upgrades.
- Obtained a favorable jury verdict as co-counsel for a senior administrator of a large police department against various claims of discrimination and retaliation pursuant to the ADA, Title VII, First Amendment § 1983 and New York State Human Rights Law (U.S. District Court, Northern District of New York 2010).
- Obtained a favorable jury verdict against the State of New York for a pro se plaintiff in a pro bono matter, based on claims of First Amendment retaliation and Eighth Amendment unlawful conditions of confinement (U.S. District Court, Northern District of New York 2010).
- Obtained a full dismissal of discrimination claims, based on gender and disability following an administrative trial before a New York State Division of Human Rights Administrative Law Judge (2009).
- Obtained numerous administrative dismissals for various employers against charges of discrimination, based on gender, race, religion and disability, before the New York State Division of Human Rights and the EEOC.
- Successfully represented various employers during investigations by the New York State Department of Labor for alleged wage and hour violations, resulting in either closure of the investigation without further action or favorable settlements.
- Successfully represented various employers in numerous hearings and appeals before the New York State Unemployment Insurance Appeal Board, resulting in the denial of unemployment benefits to former employees.
- Obtained numerous dismissals for various employers against charges of workers compensation discrimination following administrative hearings before the New York State Workers Compensation Board.
- Obtained multiple judgments (including reimbursement of attorney’s fees), permanent injunctions and favorable settlements for numerous national and international artists and musicians in federal court for copyright infringement pursuant to the Copyright Act.
- Successfully led a class action petition to a Navy BCNR, resulting in the retroactive promotion and back pay of 30 Naval Officers.
- Successfully petitioned a Navy BCNR, resulting in a full reinstatement of lifetime pension benefits, including back pay, for the surviving widow of a veteran.
- E-4 faced second Non Judicial Punishment (NJP) for violating a lawful order. Convinced the client's Executive Officer that NJP was inappropriate and the charges were dismissed.
- E-5 with 18 years faced an administrative separation after testing positive for multiple prescription drugs, stating that he accidentally ingested his wife's prescription. Client was ultimately found not guilty and administrative separation proceedings were terminated.
- Granite Music Corp. v. Center Street Smoke House, Inc., 2011 WL 1898909 (W.D.N.Y. 2011) (Awarding client statutory damages of $10,000 per copyright violation, permanent injunction and attorney’s fees.)
- Michelle Sullivan v. Central New York Weight Loss, LLC, Case No. 10125679 (New York State Division of Human Rights 2009) (Dismissing claims of unlawful discrimination based on gender and disability following an evidentiary hearing before an Administrative Law Judge.)
- Recipient, Robert J. Connelly Award for Excellence in Trial Advocacy
- Advisory Board Member, Clear Path for Veterans
- Member, Cornell University Cooperative Extension of Onondaga County
- Member, Onondaga County Volunteer Lawyers Project
- Member, Syracuse City Court Small Claims Arbitration Program
- Member, New York State Bar Association
- Member, Onondaga County Bar Association
- Member, NDNY Federal Court Bar Association
- Lorman Educational Services, "Unemployment Insurance 101: Assessing and Responding to Claims for U.I. Benefits" (November 2011)
- Higher Education Legal Update Conference, “Social Media Use on Campus and in the Workplace” (March 2011)
- Lorman Educational Services, “Fair Labor Standards Act” (February 2011)
- Mohawk Valley SHRM, “Labor & Employment Law Update: COBRA Updates Under the American Recovery & Reinvestment Act” (March 2009)
- “Employers Need to be Ready for the Fair Play Act," Central New York Business Journal, March 2011.
- Co-Author, “Supreme Court’s Age Discrimination Ruling Affects Employers,” Central New York Business Journal, July 2009.
- University at Buffalo Law School, J.D., 2005
- Editor, Buffalo Law Review
- State University of New York College at Oswego, B.A., cum laude, 2002
- Military Trial Courts
- New York
- United States District Court (NDNY)
- United States District Court (WDNY)
