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Joseph A. Kroeger

Joseph A. Kroeger

Partner| Tucson

As a former in-house counsel, Joe Kroeger brings a corporate perspective to the practice of law to best serve the needs of his clients in an effective and cost-efficient manner. His practice focuses heavily on the prevention side of employment claims and positioning problem employment situations for the best possible defense.

Joe's practice is concentrated in labor and employment. He represents employers in a variety of areas, including employment discrimination and harassment, wrongful discharge, breach of contract, misappropriation of trade secrets, non-competition/non-solicitation matters, social media, alternative dispute resolution and arbitration agreements, and other related areas. Joe is also a member of the firm’s Privacy and Data Security group, and has experience in issues related to the Fair Credit Reporting Act, HIPAA, the Computer Fraud and Abuse Act, employee background checks and drug testing, employer protection of intellectual property, e-discovery and other employment-related privacy issues. He has litigation experience in a variety of federal and state judicial and administrative forums, as well as class action litigation. Joe has first-chaired cases to favorable verdicts in front of both federal and state juries.  He further counsels and advises employers with respect to all of the above areas.

Joe is a member of the firm's Ethics and Marketing Committees.

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Employment Litigation and Other Matters
  • Represented national financial institution in obtaining injunctive relief in a FINRA arbitration against a former employee
  • Represented national oil company in defending restrictive covenant and trade secret litigation
  • Represented national mortgage company in defending against request for injunctive relief as to former group of employees, as well as eleven other claims
  • Represented international aerospace company in federal court in noncompetition/nonsolicitation/confidential information litigation
  • Represented financial institution in state court jury trial arising out of enforcement of loan guarantee
  • Represented a national transportation company in a national class action alleging Fair Credit Reporting Act violations
  • Represented national education institution in defending against a California class action alleging violations of state and federal wage-and-hour laws
  • Represented a national distribution company in defending against disability discrimination and retaliation claims
  • Represented a national aerospace company in a non-competition/trade secrets dispute against a former employee and his new employer
  • Represented entrepreneurs in a non-competition dispute with their former employer prior to the employer filing litigation, allowing clients to form own business (and flourish) in same industry
  • Represented principals of company in non-compete and government contract dispute with former employer
  • Defended national aerospace company in multiple phases of a non-competition lawsuit lodged by a competitor in multiple judicial forums
  • Assisted large national employer in compelling arbitration of employee’s claims in a novel and procedurally complex case
  • Represented large employer in defending claims of race and gender discrimination and retaliation in federal court
  • Represented national broadcasting company in defending against whistleblowing claims brought by a former employee
  • Represented emergency services company in defending against whistleblowing and qui tam allegations lodged by former employee
  • Represented national insurance company in administrative and civil proceedings related to insured improperly classifying its workforce to avoid premium payments
  • Represented employers in over one hundred EEOC/ACRD charge of discrimination proceedings
Pro Bono Litigation
  • Represented civil rights prisoner in federal jury trial alleging deprivation of constitutional rights
  • Represented client before the Ninth Circuit and overturned Board of Immigration Appeals and trial court determination that individual was not a United States citizen
  • Represented client before the Arizona Court of Appeals in upholding trial court’s grant of summary judgment in favor of our client finding that director’s transfer of primary asset of homeowner’s association was invalid and void
  • Stanford Law School (J.D., 2000)
    • Lead Article Editor, Stanford Law & Policy Review
  • University of Dayton (B.A., Political Science, summa cum laude, 1997)
    • Recipient of full tuition Presidential Scholarship
  • Supreme Court of Arizona
  • Supreme Court of California
  • Supreme Court of Colorado
  • United States District Court, District of Arizona
  • United States District Court, Central District of California
  • United States District Court, Southern District of California
  • United States District Court, Northern District of Illinois
  • United States Court of Appeals, Ninth Circuit
  • State Bar of Arizona, Labor & Employment Section
    • Executive Counsel, CLE Chair (2014)
    • 2014 State Bar Convention Co-Chair
    • 2013 State Bar Convention Co-Chair
    • CLE Committee, Tucson Lunch CLEs Chair (2011-2012)
  • State Bar of California
  • State Bar of Colorado
  • American Bar Association
  • Society for Human Resource Management
  • Pima County Bar Association
  • Udall Inn of Court (2008-2013)
  • Federal Bar Association
    • Board of Directors (2014)
  • "The First 48 Hours: How the First Decisions You Make in a Non-Compete Dispute Determines the Final Outcome," Presenter, State Bar of Arizona Employment & Labor Law Section CLE Lunch Meeting (March 30, 2015)
  • "Employee Handbooks and the NLRA: A Legal Minefield for Unsuspecting Employers," Panelist, ALERA (November 5, 2013)
  • "Preventing, Combating and Defending Claims by Renegade Employees," Presenter (October 24, 2013)
  • "The Keys to a Healthy Corporate Wellness Program," Co-Author, American Bar Association, Labor & Employment Section of Litigation, Vol. 11 No. 2 (Spring 2013)
  • "The Worth and Worry of Workplace Wellness," Co-Presenter, Arizona State Bar Convention (June 21, 2013)
  • "Insights from the NLRB and EEOC General Counsel," Panel Moderator with Lafe Solomon and David Lopez, Arizona State Bar Convention (June 21, 2013)
  • "Employers Must Begin Using New Fair Credit Reporting Act Summary of Rights Form by January 1, 2013," Co-Author, Legal Alert, Snell & Wilmer (September 20, 2012)
  • "The Legal Concerns Implicated By Corporate Wellness Programs," Author, The Workplace Word, Snell & Wilmer (June 2012); JD Supra online (June 27, 2012); cited by The Huffington Post (June 29, 2012)
  • "Social Media and the National Labor Relations Board," Presenter, State Bar of Arizona Employment and Labor Law Section, Tucson Lunch Educational Program (May 29, 2012)
  • "Court Holds That NLRB Posting Requirement is Lawful, but Remedies for Violation of Requirement are Invalid," Author, Legal Alert, Snell & Wilmer (March 2, 2012)
  • "How to Take a Case Before the NLRB," Eighth Edition, Chapter Editor (2011)
  • "Employment Toolkit 2011Understanding Employment Law Issues Affecting the Workplace Today," Co-Presenter (December 8, 2011)
  • "Who Are They Kidding? 'Protected' Activity According to the NLRB," Co-Author, DRI - The Voice of the Defense Bar (November 23, 2011)
  • "Are Your Employees All 'Atwitter'? Understanding Employment Law Issues Applicable to Social Media in Your Workplace," Co-Author, Focus, ACC America, 2Q2011 (2011)
  • "Time To Tune Up Those Policies: A Summary of Recent Changes in Law That Should Be Addressed By Employers," Author, The Workplace Word, Snell & Wilmer (June 2011)
  • "The Legal Ramifications of Social Media for Employers," Speaker, ACI National Economic and Human Capital Conference (May 2, 2011)
  • "FLSA Collective Actions and Mandatory Arbitration," Co-Author, Legal Alert, Snell & Wilmer (March 10, 2011)
  • "Medical Marijuana in the Workplace," Co-Presenter, (January 6, 2011)
  • "Federal Law Now Requires Employers to Provide Break Time for Nursing Mothers," Author, The Workplace Word, Snell & Wilmer (August 2010)
  • "Employment Toolkit 2010: The Tools You Need for Tomorrow’s Workplace," Co-Presenter (June 23, 2010)
  • "Is Your Office 'Atwitter'? Understanding Employment Law Issues Applicable to Social Media in Your Workplace," Co-Presenter (October 27, 2009)
  • "Arizona Employment Law Handbook: Independent Contractors," Co-Author
  • "The Future of Employment Arbitration," Co-Author, Legal Alert, Snell & Wilmer (June 9, 2009)
  • "Furloughs Are a Potential Alternative to Layoffs," Author, The Workplace Word, Snell & Wilmer (March 2009)
  • "Employment Toolkit 2009: The Tools You Need for Tomorrow's Workplace," Co-Presenter (January 21, 2009)
  • "Impact of 2008 Election on Employment Law," Presenter, Society for Human Resource Management (January 13, 2009)
  • "New Genetic Discrimination Law Will Affect Tucson Employers," Author, Inside Tucson Business magazine (January 2, 2009)
  • "Employment Issues in a Declining Economy," Presenter (September 25, 2008)
  • Southwest Super Lawyers®, Employment Litigation: Defense (2014-2015), Rising Stars Edition (2013)
  • Snell & Wilmer Community Involvement Award (2013)
  • Up and Comer, Inside Tucson Business (2012)
  • Pro Bono Award, Snell & Wilmer (2011)
  • 40 Under 40, Arizona Daily Star (2010)
  • Big Brothers Big Sisters of Tucson
    • Board of Advisors (2013-present)
    • Immediate Past Chair, Board of Directors (2013)
    • Board Chair (2012)
    • Board Member of the Year (2012)
  • American Business Consultants Corp., In-House Counsel/Director of Human Resources
  • Fisher & Phillips LLP, Associate
  • Sidley Austin LLP, Associate
  • United States District Court (N.D.Ill.), Law Clerk for Hon. Suzanne Conlon