If you have an issue or question about anything related to your workplace, we can help. We advise and represent clients, including in litigation, on the myriad of issues which arise out of the employer-employee relationship, including:
Discrimination, Harassment, and Retaliation
We have substantial experience with the workplace actions – from recruiting, interviewing, hiring, promotion and compensation, to discipline, probation, demotion, and termination – which implicate federal laws such as Title VII (race, sex, religion and national origin discrimination), the Age Discrimination in Employment Act (ADEA), the Americans With Disabilities Act (ADA), Uniformed Services Employment and Reemployment Rights Act (USERRA- members of the military), and related state laws. We regularly advise clients about rights and obligations under the laws and concerns and claims regarding discrimination, harassment, and retaliation, most often resulting in avoidance of an on-going dispute. When disputes cannot be avoided, we represent clients in negotiations and before administrative agencies and courts.
Litigation of Employment Claims
Our lawyers have represented hundreds of parties in employment-related lawsuits in federal and state trial courts. We regularly litigate in our practice areas including handling of discrimination, harassment, retaliation, FMLA, wage and hour, employment contract and restrictive covenant cases, as well as employment tort claims. We analyze the strengths and weaknesses of cases to determine whether the best strategy is an attempt at early settlement or aggressive pursuit of defenses and/or claims. Should the dispute escalate into the appellate courts, we have experience and success in those arenas as well.
Agreements – Employment, Executive Compensation, Separation, and Restrictive Covenant (Including Non-Competition, Non-Solicitation, and Non-Disclosure Provisions) – and Claims for Breach of Contract, Use of Confidential Information and Trade Secrets, and Unfair Competition
An area of ongoing importance to employers and employees, we frequently draft, negotiate and analyze employment, executive compensation, and separation agreements including non-competes and provisions addressing customer and employee non-solicitation, and non-disclosure of confidential and proprietary information and trade secrets. When claims arise concerning breach of such agreements, use of confidential information and trade secrets, and unfair competition, we craft and execute the best strategy for representing our clients, whether they are prosecuting or defending these claims.
Employee Leave, Disability and Related Issues
We assist clients with complying and coping with the laws which impact employee family and medical issues: the Family and Medical Leave Act (FMLA), the Americans With Disabilities Act (ADA), and, at times, the relationship of these with workers compensation, as well as obligations under the Genetic Information Nondiscrimination Act of 2008 (GINA) and HIPPA. We are well versed in the laws and the regulations and assist clients with all aspects of these matters including notice and certification requirements, return to work and termination issues, and drafting of policies. We ensure that reasonable accommodation under the ADA is appropriately explored. When disputes arise under these acts, we are there to represent our clients in negotiations and before administrative agencies and courts.
Preventive Employment Practices
As satisfying as it is to win a lawsuit that has been drawn out over the years, working to avoid lawsuits and employment issues at the outset is what distinguishes the successful employer and adds to the bottom line. We assist our corporate clients in maintaining a workplace culture that minimizes the likelihood of claims and lawsuits by developing and implementing policies and practices that foster perceptions of fairness and consistency. Our advice about such issues as recruiting, hiring, compensating, communicating with, disciplining and discharging employees can help create and maintain a loyal, capable and satisfied workforce. We offer training for all layers of management, from chief executive to the first-line supervisor, regarding key employment law concepts in such areas as positive employee relations, employment discrimination, workplace harassment, and union organizing, so that your management force understands and appreciates the ways in which they can personally contribute to the avoidance of workplace risks and costs.
Other Workplace Issues
The workplace teams with a host of issues in addition to those already discussed. We effectively and efficiently advise and assist our clients with issues such as:
› Wage and hour
› Reductions-in-force and plant closings
› COBRA and WARN compliance
› Investigation techniques for employee complaints
› Substance abuse prevention and testing programs
› Handbooks and personnel forms
› Credit report, I-9 and other pre-employment issues
› Recordkeeping requirements
› Polygraph examinations
› Safety issues
… the list goes on and on.