Leadership In Law Podcast

S02E73 Starting a New Firm After 12 Years in a Large Firm with Gary Martoccio

• Marilyn Jenkins • Season 2 • Episode 73

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Gary Martoccio brings his powerful perspective as a champion for employee rights to this illuminating conversation on employment law and firm ownership. With over $50 million recovered for workers and success in more than 200 federal lawsuits as lead counsel, Gary shares the insights gained through his transition from a large firm to launching his practice seven months ago.

The conversation delves into the most common employment law issues affecting workplaces today. Medical accommodations and leave top the list, followed by pregnancy discrimination, traditional discrimination based on protected characteristics, and sexual harassment. Gary offers a candid reality check that resonates with both employees and employers: Many workplace situations that feel unfair or wrong aren't necessarily illegal. This critical distinction shapes how he approaches cases and advises clients.

What makes this episode particularly valuable for listeners is Gary's dual expertise in both legal practice and business management. His "trial by fire" approach to leadership prepared him for firm ownership, where he now balances legal excellence with strategic business decisions. His golden advice for aspiring firm owners cuts straight to the heart of success: "Don't be afraid to invest in people... The people are what make the business go around. I would overpay versus underpay on certain things."

The conversation also explores how legal practice has transformed in the post-COVID era, with virtual court appearances and mediations becoming the norm across the nine states where Gary is licensed. This shift has created both opportunities and challenges for attorneys expanding their geographic reach while managing costs for clients.

Reach Gary here:  

https://martocciofirm.com 
https://www.facebook.com/martocciolawgroup
https://www.linkedin.com/company/martoccio-law-group/

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Speaker 1:

Welcome to the Leadership in Law podcast with host Marilyn Jenkins. Cut through the noise, get actionable insights and inspiring stories delivered straight to your ears your ultimate podcast for navigating the ever-changing world of law firm ownership. In each episode, we dive deep into the critical topics that matter most to you, from unlocking explosive growth to building a thriving team. We connect you with successful firm leaders and industry experts who share their proven strategies and hard-won wisdom. So, whether you're a seasoned leader or just starting your journey as a law firm owner, the Leadership in Law podcast is here to equip you with the knowledge and tools you need to build a successful and fulfilling legal practice.

Speaker 2:

Welcome to another episode of the Leadership in Law podcast. I'm your host, marilyn Jenkins. Please join me in welcoming my guest, gary Mortacio, to the show today. Throughout his legal career, gary has focused exclusively on representing employees against employers. Gary has earned a reputation for his commitment to advocating for workers' rights and securing justice for his clients. Gary's practice spans both state and federal court, as well as before the Equal Employment Opportunity Commission and equivalent state agencies. With a keen understanding of employee law, he navigates complex legal landscapes to ensure that employees receive the representation they deserve. To date, gary has achieved remarkable success, recovering over $50 million for employees throughout his career. In addition, gary has achieved successful results for his clients in over 200 federal lawsuits, all of which he served as lead counsel. Gary's dedication to his clients and his track record of significant recoveries underscore his role as a leading voice in employment law. His commitment to fighting for employees' rights remains the cornerstone of his practice. I'm excited to have you here, gary, welcome.

Speaker 3:

So I'm really really appreciate it.

Speaker 2:

Absolutely Very impressive. Tell us a bit about your leadership journey and getting to where you are now.

Speaker 3:

Yeah, so I worked at a bigger employment law firm. First of all, plaintiff side employment law firms are representative employees, as you just indicated with that read on there. I worked there for about 12 years. I started my own law firm about seven months ago. So we're about seven months into the new firm doing the same thing that I've been doing my entire career as an employer. Yeah, it's been great so far.

Speaker 2:

So you know, I think, the hope for it, yeah, it's fine, fantastic. So, thinking about, you started in a larger firm and then struck out on your own. What did you do as far as leadership? Did you have a mentor in that program or in that firm, or did you hire a coach? What helped you decide to strike out on your own?

Speaker 3:

Right, right, no, it was. So, yeah, the firm was great. Then I worked for a while yeah, really just child by fire kind of you know. I started working there, shared out a law school and, yeah, I had a little team within the firm that reported to me and, you know, kind of took on that leadership role as the lead attorney. You know, I always had at least one or two assistants working for me and then at least one or two attorneys working under me for the past several years at that firm. So, yeah, I really got to the point where I felt like it was time to take that leap and basically right now I've got a handful of employees at the new firm, a couple of them working at our prior firm.

Speaker 3:

So it's been great. My day-to-day feels very similar to what it did, while you know, working in a team within bigger firms, I can't complain one bit. But yeah, I mean, as far as what I did to prepare, I think it's just kind of trial by fire. It's been a good experience. I think it's the best I've ever been in there.

Speaker 2:

I think having your own team in the other firm so that you had management experience, in essence, before moving on. That's what a lot of time is missing is business management, people management. That's completely different, you know kind of efficient than you know prosecuting cases or working on cases, so very interesting. And what range you choose? Employment law?

Speaker 3:

You know that's a good question. I knew I wanted to be on the plaintiff side. I didn't know specifically what part of that side. You know I always like being the underdog fighter for the the little guy, so to speak, so I knew I wanted to be on the other side. The play to love was just the first play to side job that I got and I've been loving it and you know it's worked out, worked out great and it's all I've ever done. So yeah, no, those are sciences that we got here, but it's great. I'm glad I found this area law for sure.

Speaker 2:

Fantastic, and do you with all your experience and, obviously, your successes? Do you find that in the state of Florida, are you working at some larger idea goal about helping to like craft the law or anything like that?

Speaker 3:

You know I think that would be a little ambitious to say that we can impact changes in the law. But I will say I think we impact how employers, you know I think that would be a little ambitious to say that we can impact changes in the law, but I will say I think we impact how employers, you know, handle things and situations and you know the fact that there's attorneys like myself. So I'm licensed in Florida and eight other states, so practice around the country, you know and I think sometimes when employers, see you know that there's attorneys like myself out there that are nitpicking twice or handle things a little more cautiously.

Speaker 3:

I think that benefits the greater bit of the whole there. It benefits employees across the globe. So, yeah, as far as changing law, I don't know if I can say I've done that. Now, case law there is some like when you're litigating a case in court, whether it be state or federal court. Yeah, there's been some decision that judges have given their interpretation on certain cases of ours over the years that I I've seen cited, as you know.

Speaker 1:

Basically, every case is different.

Speaker 3:

But what you try to do when you're litigating a case court is looking at precedent that's been set by judges, fire ruling that case and try to say this is why this is similar or different than ours. So some case law changes we've had. I think we've had some terrible ones not every case is favorite why sometimes we get case law that's on control right now, it's a give and take. It's just like any game that you pull right. Those are gonna be, you know, with us, and so oh yeah I mean, I think we think about some terrible case law out there, just not statutes.

Speaker 2:

Okay, all right. So then, obviously, law firms are employers as well. What are you seeing over the course of your career as being, like the biggest problem, the number one thing that people slip on? Employers slip up on.

Speaker 4:

Right. Is there any?

Speaker 2:

particular, like top one or two problems that you're always bumping into.

Speaker 3:

Right, yeah, the most common case that we have is related to medical issues, you know. So you have an employee that needs to miss time due to a certain medical condition or needs an accommodation due to a certain medical issues. So you have an employee that needs to miss time due to a certain medical condition or needs an accommodation due to a certain. There's various protections ADA, Disabilities Act, SNLA, Family and Medical Lead Back. So I think you see employers trip up quite a bit there with those types of situations and then we get a lot of pregnancy discrimination paternity and paternity leave, retaliation type situations that's another common case.

Speaker 3:

And then you have your discrimination and retaliation cases where someone's being discriminated against based on race, age, gender, et cetera. There's several protected classes, that's. That's part of the third bucket we see.

Speaker 4:

And then you have sexual harassment.

Speaker 3:

I think that's something that employers are really aware of that, you know, because there was a big Me Too movement over the years and I think it opened up employers' eyes to that. But we still see quite a bit of those type of cases. So yeah, that's a quick synopsis that doesn't encompass every type of crime. But that's those three, four buttons that are just mentioned there.

Speaker 2:

That's the vast majority of crimes, right, right, that's very interesting. The medical leave and then the sexual harassment. I think the Me Too movement made it open employers' eyes as to what that entails. Do you help employers make sure that they're being prepared, or do you work more with as employees come to you with problems?

Speaker 3:

100% on the employee side. So I always represent employees. I've never represented an employer. So yeah, I'm seeing it through the lens of the employee. There's a lot of people that think that something may be wrong but it's not always illegal. So a lot of people have workplace issues. I'd say very few have a specific claim and the claims fall under the majority of them, what I just mentioned there the medical stuff, discrimination, sexual harassment, those type of things where we see pregnancy related issues, you know, just general harmful, wrongful treatment, supervisor being mean things like that not necessarily illegal unless it touches on one of those categories that I mentioned. Well, there's some other exceptions. I kind of get a general idea, but I think the biggest misconception is there are a lot of things that are wrong and unfair that aren't necessarily illegal in the workplace, you know so people want to know.

Speaker 3:

I think people should know what you know, what the difference is right, so so they know the type of you know leverage that they have in the workplace, right?

Speaker 3:

There are a lot, of, a lot of things that people come to me and they'll be absolutely shocked that that's not illegal and I don't blame them, right. It's just, you know, not that I disagree with them. They're like I can't believe you didn't enroll. But you know, unfortunately we have to work within the framework of the law that we have until it changes. And yeah, sometimes you have that difficult conversation where you tell someone look, I get that.

Speaker 3:

That's wrong, but it's not necessarily. But if you do think that the role of continuing receiving does touch on one of those categories that I mentioned whether it be medical discrimination, sexual harassment, pregnancy, whatever it may be Make sure you're vocal about it, Make sure you're clear about it to the employer, that you document your concerns, because that's going to help you go forward.

Speaker 2:

If you do that supernately, so is it similar to Hannah knows? It's completely different, but similar to workers' comp in that if something happens it does need to be documented out of the place of work before you. So at least they've been notified when there's a problem and they can either address that problem with what they have to you. Or is it just part of the paperwork to go forward?

Speaker 3:

Right, right. Yeah, it's not like it's necessary to document to be able to bring a claim, you know, but it is helpful where workers come up. Yeah, you probably want to have specific medical document tissue and all that stuff but it certainly is helpful. You know you probably want to have medical documentation and all that stuff, but it certainly is helpful. You know, you don't want to just be raising concerns for the first time when you're terminated. Right, that doesn't look that great for your claim. Not that it's impossible to bring a claim, you know if that's the case, but it is more helpful if you have documentation and you raise the concerns leading up to the termination.

Speaker 2:

Excellent, okay, and what are you seeing is for the future of employment law landscape? I mean, you said you're realizing it's in eight states, is there any one that's more, or nine? Is there any one that's more employee friendly? If that's, is that.

Speaker 3:

Yeah, there's right. So there are certain states that have more protections than others. There are certain states that have state laws in addition to the federal law, so the federal laws are the law of the land. A lot of states have their own laws that expand on those federal laws. So, yeah, you'll see so I practice in Illinois, Massachusetts they're a little more favorable for employees and a lot of it stems from not only the state laws of protection but the case law in those different jurisdictions. So every state has different judges and different precedent.

Speaker 3:

Even in the federal court system the federal court up in Illinois, in the Seventh Circuit it's called, that's where their case law firm is different than the federal court. We're maybe in the Fifth Circuit in Texas, where I'm also less. We see good results everywhere. Honestly, it varies, but not as much as you may think you know across the country just because we have that federal law. But yeah, I mean, there are certain states that have a little more protection than others, Maybe have some unique laws, you know, for example, like Illinois has a law where you have to have one day of rest every seven days that some states don't have.

Speaker 3:

Some states require PTO being paid out upon termination, some others don't. Those are the type of things that vary but as far as like termination related things, medical stuff, it's all going to be covered by federal law. You don't see great variances in results of cases. Honestly, it's not as much, I think, across the country.

Speaker 2:

Very interesting Now being that you are licensed in so many states and they're far apart. I'm sure that you do a lot of remote court cases.

Speaker 3:

Right, right, absolutely so. Covid really escalated that. So pre-COVID I was doing a ton of traveling the mediations, the federal court. Even before COVID there wasn't a ton of in-person appearances but there would be maybe one or two per case. But since COVID almost everything is done via Zoom as far as mediations are concerned. Mediation is a big part of employment law. You settle a lot of cases there. It's where things get resolved. So both the courts and then the EEOC, which is a step before you get into a lawsuit in most employment cases the eec uses zoom quite a bit.

Speaker 3:

So in-person appearances are few and far between, even if you get into a lawsuit depositions, you know some attorneys are, you know, sticklers about taking another person, but most, like myself, are fine with taking them virtually just like we are right now. I think it saves cost, cost for your client that saves the other side costing part of your opposing.

Speaker 3:

So yeah, we've been doing a lot of depositions via zoom. But yeah, I mean, if the case advances, you know, to the point of a trial, or if the other side's insisting on an in-person deposition, then we may be in person, but otherwise, yeah, a lot can be done virtually. You don't want to, you have not quite as much travel as prior to COVID, as is required, yeah, which is nice, I miss getting this.

Speaker 3:

You know somebody who's really full of licenses. I don't license them at our firm as offices, but you know it's a little less strenuous as far as the travel.

Speaker 2:

True, it keeps the cost down as well. So your current firm you've been in for seven months and you just hit the ground running from your other firm.

Speaker 3:

Right, right, yeah, so on the legal side of things, same exact process day to day, right? The only difference in being with a firm and being on your own is you have to find cases. So that's the big difference, being on the business side of things. So legal side of everything is sort of the same as the business side of things is where my role was expanded to everything is totally the same inside. Of this is where you know my role was expanded too.

Speaker 3:

So, yeah, I've had some really good people working with me, both direct employees and using some other resources to help with some business management stuff. You know I use a company that helps me with marketing, seo, a lot of the technology stuff. You know I have another good resource company I've ever used for the tech related stuff. So midstream grade sounds so helpful and so worth it to to pay helpful individuals with those business side items so I can focus on the important part the legal side of things, and in getting results for the clients.

Speaker 2:

Exactly, outsourcing, definitely there's always someone that enjoys to do, enjoys doing things that you don't enjoy. Clients Exactly, outsourcing, definitely there's always someone that enjoys doing things that you don't enjoy doing Right.

Speaker 4:

That's the thing, very cool to understand.

Speaker 3:

Exactly.

Speaker 2:

Looking at your new firm or your business. If I could wave a magic wand and solve any problem in your firm, what problem would that be?

Speaker 3:

Oh, that's a good question. Yeah, I mean, I think we're trying to right now and trying to automate that process and streamlining while still keeping the quality of work up I think would be the biggest thing. We're working on that right now. So I think, expedite that and do that magic wand, that would be awesome. And yeah, I would never use like automation or AI for legal research. I think most sports ban it and you don't want to do that when you're researching based on citing stuff or anything like that. But as far as just telling your client's story, I think very helpful.

Speaker 3:

Like allow you to help more clients and help your clients faster. So, yeah we're working on that currently and that would be a nice way to magic want to get that going.

Speaker 2:

Yeah, and with chat, gpts, new projects, it makes it easier to keep the communication contained in one folder and to combine those and create that Very interesting. Well, thinking about the people that are listening that maybe have started a new firm or are looking to start a new firm, do you have any advice, any things, any special takeaways like them to take away from the episode?

Speaker 3:

Sure, sure. I think the biggest thing that I got advice on and I think this has been spot on is the people that you hire and that you work with matter. So I think, don't be afraid to invest in people. I think it's been well worth it. Yeah, maybe I was thinking, oh, it know a lot of money to pay this vendor. Do this, do that or you know it costs a lot to bring on this attorney area, this assistant. They're all well worth it the people are worth it.

Speaker 3:

There's what makes the business go around. Yeah, I would overpay versus underpay on certain things. As far as the people are concerned, yeah, you can try to cut costs in other places, but in the people, I think that, think that's that's where you really want to make their investment. You'll see that back to involve get the right people.

Speaker 2:

I love that. Yeah, you know they. They say hire personality and you can teach your culture. So very cool.

Speaker 4:

Right, I love that.

Speaker 2:

Well, this has been very interesting. I love the transition from a larger firm to your own firm and you're still just moving along really well and you've got a great chat room, and so I'm sure that helps bring in cases. I know my listeners would love to keep tabs on your chat and connect with you. Where's the best place for them to connect?

Speaker 3:

Yeah, email is probably best. It's gary at martassiafirmcom N-A-R-T-O-C-I-O-F-I-R-Mcom. So, yeah, our website has all the information. Well, martasirafirmcom, and it's probably the best way Got our Instagram page that we're trying to work on. Maybe that's the second magic wand that we plume it off there, y'all, wouldn't worry, that's also a good way.

Speaker 2:

I love that. Well, that's excellent. I'll make sure that these links, including your Facebook and your LinkedIn, are included in the show notes. And yeah, this has been. This has been really great having you today. I've enjoyed having the conversation about the employment law and where you see it going, so thank you so much for your time.

Speaker 3:

Thanks, marilyn, I really appreciate it. It's a pleasure.

Speaker 4:

Thanks for joining me today for this episode. As we wrap up, I'd love for you to do two things. First, subscribe to this podcast so you don't miss an episode, and if you find value here, I'd love it if you would rate it and review it. That really does make a difference in helping other people to discover this podcast. Second, you can connect with me on LinkedIn to keep up with what I'm currently learning and thinking about. And if you're ready to take the next step with a digital strategist to help you grow your law firm, I'd be honored to help you. Just go to lawmarketingzonecom to book a call with me. Stay tuned for our next episode next week. Until then, as always, thanks for listening to Leadership in Law podcast and be sure to subscribe wherever you listen to podcasts so you don't miss the next episode.

Speaker 1:

Thanks for joining us on another episode of the Leadership in Law podcast. Remember you're not alone on this journey. There's a whole community of law firm owners out there facing similar challenges and striving for the same success. Head over to our website at lawmarketingzonecom. From there, connect with other listeners, access valuable resources. Thank you.

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Marilyn Jenkins

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