Jeffrey A. Silence

Jeff Silence is a partner at Jaburg Wilk. He has a broad range of experience in employment, commercial, defamation, and education law. Jeff has been named a “Rising Star” by Super Lawyers in employment law, which is an honor given to only 2.5% of attorneys in a particular practice area.

Since joining Jaburg Wilk in 2012, Jeff has had many notable trial victories, some of which have resulted in significant media coverage. Jeff is also a frequent speaker at CLE events. He has spoken at 5 out of the last 7 Annual Conventions for the Arizona Employment Lawyer’s Association. Additionally, he has published over 70 articles on a broad range of employment law topics.

Jeff is one of the few employment law attorneys in Arizona that represents both employees and employers, which gives him a unique insight into how to pursue and defend a broad range of employment claims. He enjoys helping the “little guy” pursue their claims and vindicate their rights. He also likes helping his employer clients come up with creative solutions. Jeff prides himself on using technology and creativity to improve the practice of law.

When he is not practicing law, he enjoys spending time with his wife and daughter. He also likes to run, workout, and read.

Professional Experience

• Arizona Employment Lawyer’s Association – President
• Arizona State Bar Executive Council for Labor & Employment Section
• State Bar CLE Planning Committee for the Employment Law Section
• CLE Planning Committee for the Arizona Employment Lawyer’s Association

Notable Victories

Since joining Jaburg Wilk in 2012, Jeff has had many notable victories.

• Successfully defended his Fortune 500 employer client in an 8-day jury trial. The employee claimed she was terminated for blowing the whistle and sought over $5 million in damages. She was awarded nothing.
• Prevailed in a week-long federal court trial in which Jeff’s client was seeking payment of her overtime wages. The court awarded Jeff’s client every penny she sought in overtime wages and entered judgment against the other party for $350,000.
• Prevailed in a multi-day arbitration hearing against the City of Phoenix in a high-profile case that made the front page of the Arizona Republic. The City alleged that Jeff’s client committed fraud and breached his contract. The arbitrator ruled in favor of Jeff’s client and awarded his client all of his attorney fees.
• Represented a buyer of a business in a multi-day arbitration hearing in which Jeff’s client alleged that the defendant committed fraud when selling his business. Jeff’s client settled on favorable terms before the final day of the hearing.
• Successfully defended a Fortune 500 employer in a multi-day arbitration hearing in which the employee asserted claims for breach of contract, failure to pay wages, and sex discrimination. The employee did not prevail on any claims and was awarded nothing.
• Represented an employee in a high-profile whistleblower trial against the State of Arizona. The claim was reported in the Arizona Republic and involved top-level government officials.
• Represented an employee in commercial court to dispute the enforceability of a non-compete, non-solicit, and confidentiality agreement.
• Prevailed in a criminal trial while in law school by convincing the court that the criminal statute at issue was unconstitutional.

CLE Presentations

Jeff is a frequent speaker at CLE events.

• 2022 Annual Convention for Arizona Employment Lawyer’s Association – When is a Commission “Earned,” and What Should You Do When an Employee is Fired Shortly Before Receiving Their Commission? 
• 2022 Arizona Association for Justice – Arizona Paid Sick Time
• 2021 Annual Convention for Arizona Employment Lawyer’s Association – Constructive Discharge Claims
• 2018 Arizona State Bar Convention – Arizona’s Paid Sick Time Law
• 2017 Annual Convention for the Arizona Employment Lawyer’s Association – Best Practices and Ethical Issues When Representing Employees Who Are Still Employed
• 2016 Annual Convention for the Arizona Employment Lawyer’s Association – Discovery and Use of Social Media in Litigation
• 2016 Arizona State Bar Employment Lawyer’s Annual Sedona Conference – How to Oppose Employment Arbitration Agreements
• 2015 Annual Convention for the Arizona Employment Lawyer’s Association – Using Technology to Improve the Practice of Law: Part 2
• 2014 Annual Convention for the Arizona Employment Lawyer’s Association – Using Technology to Improve the Practice of Law
• Host of Jaburg Wilk’s bi-monthly employment law CLEs

Articles

Jeff regularly publishes articles on a broad range of employment law topics:

• Your Arizona Employer Has Sued You for Soliciting Its Customers and Employees, Now What?
• What Arizona Employees Need to Know Who Are Being Sexually Harassed at Work
• Seven Important Considerations for Arizona Employees Who Blow the Whistle on Their Employer
• What Are My Legal Options if My Business Has Been Defamed?
• Six Overtime Risks for Arizona Contractors
• The #1 Mistake Arizona Employers Make When Responding to Complaints of Discrimination or Harassment
• Why Current PTO Policies are Not Enough to Comply with Arizona Prop 206
• In Arizona, Employers are Required to Pay Earned Wages
• How Long Should Employers Keep Their Employment Records
• Are Non-Compete Agreements Enforceable in Arizona?
• Why Every Employer Needs a Social Media Policy
• Three Important Components of the FMLA, 2015
• Arizona’s “Whistleblower” Laws: Tread Carefully
• Disability Discrimination in the Workplace
• Are Confidentiality Agreements Enforceable in Arizona?
• DOL Changes Overtime Rules
• Is it Illegal for Arizona Employers to Discriminate Against Transgender or Gay Employees?
• What Does “At-Will” Employment Mean?
• Are Non-Solicit Agreements Enforceable in Arizona?
• What Damages Can an Employee Recover in a Lawsuit from an Arizona Employer?
• New Overtime Rules Delayed
• An Easy and Effective Way for Employers to Protect Themselves
• Ten Ways to Prevent Sex Discrimination in the Workplace
• How to be Happier at Work
• Arizona Employers Need to Update Employee Handbooks
• Are You Owed Overtime Wages?
• Are Arizona Employees Entitled to a Paid Lunch Break
• Right to Sue Letter From the EEOC, Now What?
• Employers Required to Use Revised Form I-9
• Why Employers Need Social Media Policies
• Arizona Prop. 206 Requires a Higher Minimum Wage and Paid Sick Time
• Eight Questions about Arizona’s New Paid Sick Time Law
• Answers to Seven Complicated Questions About Arizona’s New Paid Sick Time Law