Mary E. Funk is a lawyer practicing employment, labor, and discrimination, labor & employment, employment counseling and risk avoidance and 8 other areas of law. Mary received a B.A. degree from Drake University in 1992, and has been licensed for 31 years. Mary practices at Nyemaster Goode, P.C. in Des Moines, IA.
Reviews for Mary
Services
Areas of Law
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Appellate Practice
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Litigation
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Other 9
- Employment, Labor, and Discrimination
- Labor & Employment
- Employment Counseling and Risk Avoidance
- Employment Litigation
- Collective Bargaining, Contract Administration, and Labor Arbitration
- Union Avoidance, Organizational Campaigns, and NLRB Proceedings
- Trade Secret and Non-Competition
- Administrative Hearings, Arbitrations, and ADR
- Higher Education and Title IX Law
Practice Details
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Firm InformationPositionShareholderFirm NameNyemaster Goode, P.C.
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Representative Cases & TransactionsCasesSignificant Cases: In the Arbitration of Des Moines Electrical Apprenticeship Training
Trust Fund v. Dessauer, AAA Case. No. 01-16-0003-0977 (December 7, 2016). Arbitrator ruled in favor of employer of electrical apprentice in the enforcement of a breach of contract action.
Rodriguez v. Wellmark, Inc., et al., Case No. 4:15-cv-126 (S.D. Iowa 2016). Court granted Defendants' motion for summary judgment on counts alleging race
disability harassment
discrimination under the Iowa Civil Rights Act,
retaliation under the Family & Medical Leave Act.
Massey-Diez v. University of Iowa Community Medical Services, Inc., Case No. 15-2924 (8th Cir. 2016). The Eighth Circuit Court of Appeals affirmed summary judgment for the employer on the plaintiff's FMLA entitlement
discrimination/retaliation claims.
Bell v. Wellmark Blue Cross Blue Shield of Iowa, Case No. 4:14-cv-00487-HCA (S.D. Iowa 2015). Court granted Defendant's motion for summary judgment on counts alleging age
race discrimination under both state
federal statutes.
Massey-Diez v. University of Iowa Community Medical Services, Inc., Case No. 3:14-cv-00049 (S.D. Iowa 2015). Court granted Defendant's motion for summary judgment on two counts alleging Family
Medical Leave Act violations (interference
discrimination)
one count alleging a failure to pay wages pursuant to the Fair Labor St
ards Act.
In the Arbitration of Iowa Electrical Apprenticeship Training
Trust Fund v. Rob Hugen, AAA Case. No. 58 170 E 128 13 (August 29, 2013). Arbitrator ruled in favor of employer of electrical apprentice in the enforcement of a breach of contract action.
In the Arbitration of Iowa Electrical Apprenticeship Training
Trust Fund v. Tom Holden, AAA Case. No. 58 170 E 00170 12 (January 25, 2013). Arbitrator ruled in favor of employer of electrical apprentice in the enforcement of a breach of contract action.
Vails v. United Community Health Center, et al., C11-4048-LTS (N.D. Iowa 2012). Court granted Defendants' motion for partial summary judgment on four of five counts (wrongful termination in violation of public policy, tortuous interference with employment contract, fraud
promissory estoppel), leaving only one count of breach of the employment contract for trial.
In the Arbitration of Iowa Electrical Apprenticeship Training
Trust Fund v. Kori Kaiser, AAA Case No. 58 170 E 00081 12 (August 28, 2012). Arbitrator ruled in favor of employer of electrical apprentice in the enforcement of a breach of contract action.
UFCW, Local 271, on behalf of Larry Wells v. Plumrose U.S.A., Inc., FMCS No. 10-03229-8 (2010). Arbitrator decided in favor of the employer in a discharge arbitration for fighting in the workplace
claimed defenses of provocation from alleged harasser
retaliation for reporting harassment without merit.
UFCW, Local 271, on behalf of Raul Guerrero v. Plumrose U.S.A., Inc., FMCS No. 10-01135-8 (2010). Arbitrator decided in favor of the employer in a suspension arbitration for violation of the company's safety policies
procedures.
UFCW, Local 271, on behalf of Ryan Hammitt v. Plumrose U.S.A., Inc., FMCS No. 09-03078 (2010). Arbitrator decided in favor of the employer in a discharge arbitration for violation of the company's attendance policy.
UFCW, Local 271, on behalf of Richard Gomez v. Plumrose U.S.A., Inc., FMCS No. 070424-02715-8 (2008). Received an employer/defense verdict in a contract interpretation
discharge arbitration.
Antunez v. The HON Co., No. 3:06-cv-00010-CRW (S.D.Iowa 2007). Defense verdict in jury trial on claim of race
national origin discrimination
retaliation (Iowa Civil Rights Act, Title VII
Section 1981).
Hildebrant v. Lear Corp., No. 3:03-cv-80099 (S.D.Iowa 2006). Filed for summary judgment on claims of sexual harassment
retaliation. Plaintiff did not resist the motion
, instead, voluntarily dismissed her case with prejudice.
Lorance v. HON Indus., No. 3-04-cv-90002 (S.D.Iowa 2005). Plaintiff decided not to pursue her claim
dismissed her case with prejudice.
Wigans v. HON Indus., No. 3:04-cv-70084 (S.D.Iowa 2005). Plaintiff dismissed his case with prejudice.
Hornung v. Burke Mktg. Corp., Inc., No. 4:03-CV-10604 (S.D.Iowa 2005). Summary judgment granted in favor of the defendant on sexual harassment
retaliation claims.
Sereda v. Burlington N. Santa Fe R.R. Co., No. 4:03-cv-10431 (S.D.Iowa 2005). Summary judgment granted in favor of defendant on wrongful termination of employment claim.
Cline v. The Hon Co., No. LACV014615 (Iowa Dist. Ct. 2004). Defense verdict in jury trial on claim of retaliation for participation in sexual harassment investigation
breach of h
book.
Experience
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Bar Admission & MembershipsAdmissions1995, Illinois
1996, Iowa
All State and Federal Courts in Iowa, the Central and Northern Districts of Illinois, and the Seventh and Eighth Circuit Courts of Appeals
MembershipsProfessional and Community Affiliations
American Bar Association
Iowa Bar Association
Employment Section, former Co-Chair of annual Employment Section Seminar
Young Lawyers Division, Law Related Education Committee, 1999-2001
State Fair Committee, 1997-1999Polk County Bar Association
Iowa Defense Counsel
Illinois Bar Association
Central Iowa Chapter, SHRM
Iowa Society of Healthcare Attorneys
American Health Lawyers Association
Faith Lutheran Church, Clive, Iowa
Personnel Committee Chairman
Call Committee
Discernment Committee
Child EducatorP.E.O., Chapter OQ, Officer
Pi Beta Phi Alumnae Club
Judge, American National Collegiate Mock Trial
Judge, Iowa High School Mock Trial Tournament and Iowa College of Law Trial Advocacy Competition
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Education & CertificationsLaw SchoolUniversity of Iowa
Class of 1995
J.D.
with distinction
Other EducationDrake University
Class of 1992
B.A.
magna cum laude
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Personal Details & HistoryAgeBorn in 1969
Mt. Pleasant, Iowa, October 14, 1969
Mary E. Funk
700 Walnut St., Ste. 1300Des Moines, IA 50309U.S.A.
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