Raymond W. Martin 

Ray Martin has represented some of Colorado's largest employers in labor and employment litigation in the federal and state courts in the Rocky Mountain region for more than thirty years. 

Chambers USA, a highly-respected lawyer ranking directory, consistently selects Ray among the top eight employment lawyers in Colorado.  In its 2013 edition, Chambers observed: "{Ray} is a renowned litigator whose subject matter expertise in the area is at a very high level.  One grateful client enthused that he 'fought for justice and the truth every step of the way.'"  In its 2010 and 2012 edition, the International Who's Who of Business Lawyers included Ray as one of only five Colorado lawyers in its management labor and employment listing.  Ray has also been recognized by the Denver Business Journal as one of the top three employment lawyers in Colorado based on voting by practicing attorneys in the state.  In 2010, Ray obtained a complete defense verdict on behalf of a major telecommunications company which was named one of Law Week Colorado's top ten defense verdicts of the year. A client interviewed for the U.S. News/ Best Lawyers "Best Law Firms" list says, "WTO, specifically Ray Martin and his staff, was spectacular in its representation of our company.  The firm did a marvelous job in addressing complex legal and factual issues in a sensitive employment case. When dealing with a difficult case, there is nothing better than having total confidence in your outside counsel, and this is exactly what I have in WTO.  Without question, WTO is a preeminent law firm in the area of employment law and employment litigation."

A zealous representative of his clients, Ray and every member of Wheeler Trigg O'Donnell's employment group take pride in the open and interactive relationships they make it a priority to develop with both in-house counsel and the management team whose decisions are challenged in litigation. 

Following is a representative sampling of cases Mr. Martin has handled:

• Carnagua et al. v. FMC Corporation, et al., United States District Court for the Southern District of Indiana, Indianapolis Division.  Mr. Martin represented FMC in an ERISA class action brought by FMC retirees in Indiana, who asserted that they were entitled to lifetime health care benefits pursuant to the terms of various collective bargaining agreements.  Following the completion of discovery, the Court entered summary judgment in favor of FMC on all claims asserted in the Complaint.
• Robinson v. FMC Corporation, et al. United States District Court for the District of Idaho.  Mr. Martin represented FMC in an ERISA class action brought by FMC retirees in Idaho who asserted that they were entitled to lifetime healthcare benefits pursuant to the terms of various collective bargaining agreements.  Following the completion of discovery and the filing of Defendant's Motion for Summary Judgment, the Plaintiffs stipulated to the dismissal of the litigation with prejudice.
• Since the middle of 2010, Mr. Martin and his team have successfully handled preliminary injunction hearings on behalf of WTO clients in seven separate non-compete cases.  In five of the cases, WTO successfully obtained preliminary injunctions enforcing the non-compete agreements.  In the other case, WTO defeated the plaintiff's attempt to enforce a non-compete agreement against WTO's client.
• Mr. Martin obtained a complete defense verdict after a one-week jury trial on behalf of a major telecommunications company in a case that involved important issues under the public-policy exception to Colorado's employment-at-will doctrine. The plaintiff claimed she was fired for complaining to the Department of Labor that the company was not paying employees across the country the full amount of commissions they had earned.  The jury found that the plaintiff was fired for insubordination. In July of 2012, Mr. Martin successfully defended the appeal of this trial in the Tenth Circuit Court of Appeals.  The appellate court rejected the plaintiff's attempt to expand the standard for whistleblower claims and her argument that the court had committed reversible error during the course of the trial.
• The Colorado Civil Rights Division ruled for Mr. Martin's client, a Colorado college, in one of the first complaints filed under the 2007 amendment to the Colorado Anti-Discrimination Act.  The amendment extended state law protection against discrimination in the workplace to discrimination based on transgender status.  The plaintiff, a staff member and instructor at the college who had started a gender change from male to female, was terminated for insubordination.  Mr. Martin established that the plaintiff was terminated solely for her misconduct, and not because she was transgender.
• Mr. Martin obtained summary judgment on all claims for a major manufacturing firm in an ERISA class action in federal court in Indiana.  The plaintiffs, who had been employed by the manufacturing facility over a span of 25 years, sought to require WTO's client to provide lifetime retiree medical benefits to all members of the class. 
• Mr. Martin represented a major federal contractor in connection with a pattern-and-practice EEOC investigation relating to alleged gender discrimination, pregnancy discrimination, and glass ceiling issues.
• Mr. Martin successfully defended a class-action lawsuit filed in federal court in Colorado against a national financial institution accused of discriminating in its lending practices based on national origin.
• The federal court in Colorado granted a temporary restraining order and preliminary injunction for Mr. Martin's client, an international software developer.  The TRO and PI enjoined two of the clients' former employees from violating their non-compete and proprietary information agreements.
• A Colorado state court granted injunctive relief to Mr. Martin's client, an international payroll services company, enforcing the company's rights under a non-solicitation agreement against a former employee who had gone to work for a competitor.
• Mr. Martin successfully argued that a judgment previously entered against WTO's client was improper.  The new order vacated the $500,000 judgment entered against the defendant by a Colorado state court in 2008 in an ERISA matter handled by another firm.  
• The former CEO and chairman of WTO's client, a securities broker-dealer, had asserted employment-related claims of more than one million dollars plus punitive damages against WTO's client.  After a week-long arbitration, the panel ruled in favor of Mr. Martin's client. 
• Mr. Martin obtained a temporary restraining order to stop the former employee of a health care third party administrator and his new employer from contacting the TPA's customers.  Mr. Martin also obtained a declaratory judgment that the TPA's non-compete agreement was enforceable under Colorado law.

Other Experience
Freeborn & Peters

Community Memberships Activities, and Honors
Wheat Ridge United Methodist Church
     Former Trustee
Denver Post Charities
    Former Chief Legal Counsel (Pro Bono)

Teaching Positions
National Employment Law Institute
Counsel on Education in Management

Personal Interests
Golf