Sean Kirby is a partner in the Labor and Employment Practice Group in the firm's New York office.

Areas of Practice

Sean's practice encompasses the defense of single plaintiff and class action discrimination, wrongful discharge and wage/hour claims, in addition to employment contract, restrictive covenant, whistleblower, sexual harassment, and related claims.  He regularly represents clients in labor and employment litigations in federal and state courts, in arbitrations before the American Arbitration Association and the Financial Industry Regulation Authority, and in proceedings before various administrative agencies, including the Equal Employment Opportunity Commission, the U.S. Department of Labor and state agencies throughout the United States.

Sean also counsels domestic and international clients on day-to-day workplace employment issues such as the preparation, administration and enforcement of personnel policies, hiring procedures, reductions-in-force, severance and termination strategies, employee discipline, disability, leaves of absence, wage/hour law, compliance with anti-discrimination laws, the labor election process, and the extraterritorial application of U.S. laws.  Sean regularly drafts and negotiates employment, separation, non-compete, and non-solicitation agreements.  He also conducts discrimination and harassment prevention trainings, as well as investigations into harassment allegations, whistleblower complaints, and other employment matters.

Sean also defends disability access discrimination claims under the Americans with Disabilities Act and New York State and City accessibility standards.  He has experience in matters ranging from architectural barrier access cases to cutting edge disability access claims involving websites, and other new media.  His experience includes representing several national restaurant chains, retail establishments, and other businesses.

Sean also has experience representing clients in a variety of general commercial and financial disputes including breach of contract, securities and accounting fraud.



New York Rising Star, Super Lawyers, 2011-2019

Selected, Top 40 Labor & Employment Lawyers Under 40 in the State of New York, The American Society of Legal Advocates, 2013-2016



Corporate & Securities Law Blog Posts

Labor and Employment Law Blog Posts

New York Commercial Division Round-Up Blog Posts

Media Mentions

Speaking Engagements

  • "Managing Infectious Diseases in the Workplace: Legal Requirements for Handling Infected, Exposed, or At-Risk Employees," C4CM, Center for Competitive Management Webinar, October 16, 2015
  • "Infectious Disease and the Workplace – Key Considerations for Employers," West LegalEdcenter, January 29, 2015
  • "Employee Social Media Use: Potential Liability for Employers Who Attempt to Regulate It and Reasonable Expectations for Employees," Bloomberg BNA Webinar, February 26, 2014
  • "Social Media, the First Amendment, and the NLRB: What Can Fashion Employers Do to Protect Their Brand and Designs?" New York, February 13, 2013
  • "Access Denied: Employee Social Media Use and Potential Liability for Employers Who Attempt to Monitor or Regulate It," Bloomberg BNA Webinar, August 23, 2012

Digital Media


J.D., Fordham University, 2006, cum laude

B.A., LeMoyne College, 2001, cum laude


  • Interned for the Honorable Kevin T. Duffy, U.S. District Court for the Southern District of New York


  • New York
  • New Jersey
  • United States District Court for the Southern, Eastern, Western and Northern Districts of New York
  • United States District Court for the District of New Jersey
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