Virginia L. Hardwick

Virginia L. Hardwick

Attorney Profile

Top Rated Employment Litigation Attorney in Doylestown, PA

Hardwick Benfer, LLC
 | 179 N Broad Street, Doylestown, PA 18901
Phone: 215-230-1912
Fax: 215-230-1913
Selected to Super Lawyers: 2012 - 2019
Licensed Since: 2006
Practice Areas:
  • Employment Litigation: Plaintiff (50%),
  • Employment & Labor: Employee (30%),
  • Intellectual Property Litigation (10%),
  • Employment Litigation: Defense (10%)
Attorney Profile

Virginia (“Ginger”) Hardwick is an experienced litigator, who concentrates her practice in cases concerning whistleblowing, discrimination, harassment, restrictive covenants, trade secrets, commercial disputes, and contracts in the state and federal courts of Pennsylvania and New Jersey.  She also represents employees in the negotiation of contracts and severance agreements, and counsels employers on compliance and best practices to avoid litigation.

Ginger’s experience includes commercial litigation at major law firms, as well as representation of individuals.  In law school, she was an intern for the NAACP Legal Defense and Educational Fund.  She was formerly on the clinical faculty of Seton Hall Law School, where she was the director of the Housing and Homelessness Clinic, representing the interests of persons who were in danger of losing their homes.  She has served as a volunteer attorney for the Support Center for Child Advocates in Philadelphia, which provides legal services for children in the foster system. 

Ginger is admitted to the bars of New Jersey (1985), New York (1985), and Pennsylvania (2006), as well as the U.S. District Court for the Eastern District of Pennsylvania, the U.S. District Court for New Jersey, and the U.S. Court of Appeals, Third Circuit.

Ginger is a frequent presenter at national Continuing Legal Education panels on issues involving employment law, and is active in the Labor and Employment Law Section of the American Bar Association.  She is a former law school professor of Legal Writing, Appellate Advocacy and Trial Skills, and she is on the faculty of the National Institute for Trial Advocacy, teaching deposition skills.

In 2017, Ginger was elected by her peers as a Fellow in the College of Labor and Employment Lawyers. Fellows are chosen by their peers as exemplifying the highest levels of professional qualifications, ethical standards, integrity, professional expertise, and leadership.

About Virginia Hardwick

Admitted: 2006, Pennsylvania

Professional Webpage: http://www.hardwickbenfer.com/virginia-hardwick/

Honors/Awards:

  • Senior Editor, NYU Law Review
  • Elected by peers as a Fellow in the College of Labor and Employment Lawyers, Fellow, College of Labor and Employment Lawyers, 2017

Bar/Professional Activity:

  • Member, National Employment Lawyers Association (National, Eastern Pennsylvania, New Jersey)
  • Co-Chair, ABA, Section of Labor and Employment Law, Employment Rights and Responsibilities Committee, Alternatives to Litigation subcommittee
  • Faculty, National Institute for Trial Advocacy, Deposition Skills Program, 2009 - present
  • Governing Council, American Bar Association Section of Labor and Employment Law (one of four employee-side representatives for national body), 2017
  • Membership Co-chair, ABA, Section of Labor and Employment Law, Employment Rights and Responsibilities Committee
  • Admitted to the bars of New Jersey and New York., 1985
  • Co-Chair, ABA Section of Labor and Employment Law, 2013 and 2014 Annual Conference, 2014
  • Fellow, American Bar Foundation

Pro bono/Community Service:

  • Vice President, Westfield New Jersey Board of Education (1995 - 1999)
  • Volunteer attorney, Support Center for Child Advocates

Scholarly Lectures/Writings:

  • Fundamentals of Whistleblower Claims: Some Ideas for the Employee's Attorney ABA Section of Labor and Employment Law, 9th Annual Section Conference, Author and Panelist, ABA, Section Of Labor And Employment Law, 2015
  • Proving Disparate Treatment in Reductions in Force: Ideas for Plaintiff's Counsel:  Reductions in force may be used to disguise intentional discrimination. This paper discusses legal theories and discovery techniques to help the plaintiff's lawyer prove pretext and intent to discriminate in the context of a reduction in force.  Discusses evaluating claims of economic necessity; challenging "objective" criteria for layoff; looking at comparators; statistical analysis., Panelist, Anatomy of a Layoff: The Legal and Psychological Implications of RIFs, ABA, Section of Labor and Employment Law, 5th Annual Conference, ABA, Section Of Labor And Employment Law, 2011
  • "Return to Sender:The Second Circuit's Decision in Briscoe, and the Likely Reappearance of Ricci Issues at the Supreme Court."  The Supreme Court's 2009 decision in Ricci v. DeStefano puts employers who try to avoid disparate impact from promotional exams in the difficult position of facing disparate treatment liability.  The issue was raised squarely by the Second Circuit's decision in Briscoe v. City of New Haven.  This paper discusses the conflicts between the Ricci and Brisoce decisions, and the likelihood that the Briscoe decision will result in the Supreme Court re-visiting these issues., Panelist, Jackpot Lessons Learned from Diversity Cases in the 21st Century, ABA, Employment Rights And Responsibilities Committee, Labor And Employment Law Section, 2012
  • An analysis of the legal ramifications of cost saving alternatives to layoffs., Panelist, Flexible Workplaces, Alternative Work Schedules, and Furloughs, ABA Annual Meeting, 2010
  • Tips for evaluating claims of discrimination, retaliation, or whistleblowing claims when the employee's job has been eliminated in a reduction in force.  Strategies for successfully litigating claims in the context of a reduction in force, and overcoming employer defenses., Evaluating and Litigating a RIF Case: A Step-by-Step Guide for the Plaintiff's Lawyer, ABA, Section of Labor and Employment Law, 2012
  • Faculty member, Deposition Skills program (weekend long program to train attorneys in deposition skills), Faculty, National Institute Of Trial Advocacy, 2009
  • There's an Investigation! What's an Employee's Lawyer to Do? ABA, Section of Labor and Employment Law, 10th Annual Conference, Author and Panelist, ABA, Section Of Labor And Employment Law, 2016

Verdicts/Settlements:

  • Fleck v. Wilmac, 2012 WL 1033472 (ED Pa. 2012), defeated employer's motion for summary judgment in case involving claims of disability discrimination and FMLA retaliation., 2012
  • Graham v. Hendrix ISA (Eastern District of PA), Defeated Summary Judgment in pregnancy discrimination case, case settled confidentially before trial., 2017
  • Sacavage v. Rite Aid (Eastern District PA), Defeated summary judgment in age discrimination case representing a pharmacist (case subsequently settled confidentially)., 2017
  • Pennsylvania Whistleblower Law claim, represented physician in litigation against hospital employer.  Substantial confidential settlement reached at the close of discovery., 2018
  • Diaz v. Saucon Valley Manor, et al. Represented plaintiff for a successful verdict in a case involving claims under the FMLA and the ADA, when alcoholic client was fired at the time she was going for inpatient rehab treatment.  Damages awarded included $9,296.04 in back pay, $25,000 in compensatory damages, and $75,000 in punitive damages.  Successful summary judgment decision reported at Diaz v. Saucon Valley, et al., 2013 WL 797713 (E.D. Pa. 2013)., 2013
  • Slayton v Sneaker Villa, Eastern District of PA, Defeated summary judgment in disability discrimination case (case confidentially settled prior to trial), 2017

Educational Background:

  • Cornell University, BA, 1981
  • NYU School of Law, JD, 1984

Industry Groups

  • ABA
  • ABA Employment Rights And Responsibilities Committee
  • National Employment Lawyers Association
  • Section Of Labor And Employment Law
Office Location for Virginia L. Hardwick

179 N Broad Street
Doylestown, PA 18901

Virginia L. Hardwick:

Last Updated: 12/19/2018

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