With more than 35 years of experience, Madalene Witterholt assists clients in the full spectrum of employment law issues. Starting with employee hiring and I-9 compliance, employer policy development and day-to-day advice she provides employee training as well as the defense of administrative charges. Madalene’s regional practice has given her experience in the full gamut of employment litigation.
Madalene has a hands-on approach to total representation of her clients. Madalene immerses herself in her client’s culture whether it is on the factory floor, in the oil field or in the halls of Fortune 500 companies. Her cost effective approach to client representation has the goal of keeping clients in the forefront of compliance with not only the current law, but with an eye towards future trends in employment law.
A Connecticut Yankee in the Oklahoma and Texas courts, Madalene believes the best way to win a lawsuit is to prevent it from ever happening! With risk management as her ultimate goal, she is as comfortable with a foreman as she is with a corporate executive. She is well received by employees at all levels whether she is providing traditional EEOC training, assisting in internal investigations or working with employees to implement policy changes.
Known for her down-to-earth style, Madalene understands that employment clients have needs 24/7 and is available to clients at any time, whether it is for the most routine situations or a major crisis. Madalene is experienced in dealing with scheduled and unscheduled OSHA, EEOC and DOL investigations. Unique among employment lawyers, Madalene also handles workers’ compensation defense for high deductible clients. This enables her to have an established reputation in this specialized practice area. She is able to give practical and seasoned advice regarding the injured worker and the interplay of state and federal laws.
Should an employer be sued, Madalene stands ready to defend all types of employment law claims. Being both aggressive and respectful, she prepares her clients for not only depositions but also trial testimony. She has had experience and success at both summary judgment motions as well as jury trials.
Madalene is a well-known luncheon and seminar speaker who educates on current law topics, policy and procedure development as well as the employment law horizon. Prior to joining Crowe & Dunlevy, Madalene served as a law clerk to the Honorable James O. Ellison, United States District Judge for the Northern District of Oklahoma. She has served as Chairman of the Labor and Employment law section of the Oklahoma Bar Association.
Areas of Emphasis
Federal and State Court Litigation
- Title VII discrimination, harassment and retaliatory discharge
- Americans with Disabilities Act
- Fair Labor Standards Act; individual as well as multi plaintiff cases related to over time, bonuses and exemptions
- Family and Medical Leave Act (FMLA)
- The Davis-Bacon Act
- WARN Act Litigation
- Retaliatory Discharge under state and federal laws
- F.C.R.A. matters
- Federal Railroad Workers Act Defense
- Personal Injury Defense
- Truck Accident Defense
- General Civil litigation
- Workers’ Compensation Defense
- Oklahoma Supreme Court
- 10th Circuit Court of Appeals
- 5th Circuit Court of Appeals
- Equal Employment Opportunity Commission–EEOC Position statements, charge defense and mediations
- Department of Labor–DOL Investigation defense, negotiations and advice. Has handled matters involving independent contractors, bonuses, overtimes issues, employee exempt/non-exempt classifications, Davis Bacon and FMLA compliance
- Occupational Safety and Health Administration–OSHA Safety audits, workplace safety complaints, whistleblower retaliation and serious injury claims
- Oklahoma Workers’ Compensation Court and Commission Traditional compensation defense as well as own risk certificate assistance, reserves analysis, CMS compliance, MSA allocations and state licensing
- Development of handbooks, policies and forms
- Employee and executive training
- Employee discipline and counseling
- Employment agreements, non-compete trade secret agreements
- Evaluation and restructuring of employee jobs and wages including transition from exempt to non-exempt
- General OSHA compliance and reporting
- I-9 Compliance and Audits
- Internal investigations for allegations of harassment, discrimination, fraud, theft and safety
- Job description development
- Return to work issues including ADA accommodations, FMLA and compliance with state workers’ compensation laws
- Reduction in force assistance and WARN ACT advice
- Resignations and Release of Claims Agreements
- Safety programs
Pro hac vice Admissions
- United States District Court for the District of Kansas, Kansas City Division
- United States District Court for the Western District of Missouri, Kansas City Division
- United States District Court for the Western District of Arkansas, Little Rock and Hot Springs Divisions