Employer and Employee Relationships
Many of our clients need our advise and counseling as to their business and employers issues that they confront in the day-to-day operations of their businesses, including such things as review and advice on employee policy manuals, drafting employment agreements, workplace privacy matters, drug testing, wage and hour issues, unemployment claims, protecting proprietary and confidential information, investigation of employee complaints of discrimination or harassment, and employee discipline and terminations.
This burgeoning area of the law generates more new litigation matters than any area outside of automobile litigation. Employment claims are among the most serious threats to any business, since they not only represent the potential for an adverse result that requires payment of damages, but they also can generate other litigation, as well as undesirable side effects in the operation of the employer's business. There is no area of litigation that requires more careful identification of, and attention to, the special needs of each client.
We represented employers and employees in a wide variety of employment-related contracts , dealings and litigation and administrative proceedings. These matters include, but are not limited to, prosecution or defense of wrongful termination claims, employment discrimination, contract and civil rights claims, competitive business practice matters, proprietary information and non-compete claims, state and federal wage laws, and unemployment compensation claims.
We can be helpful in counseling clients on litigation avoidance techniques, including employment contracts, employer-employee relations, personnel policies, and pro-active employer programs.
Whether your business has employment practices liability insurance, or is self-insured with respect to employment claims, we will work with you to evaluate any claims as early in the process as is reasonably possible, so that strategies can be formulated and the matter brought to the speediest possible conclusion, allowing you to get on with the business of your business.
Examples of our successful employment law representations include:
- A successful challenge to a non-compete provision in an employment contract allowing our physician client to collect over $150,000 on termination of the employment relationship.
- Drafting of the termination provisions of an employment agreement which subsequently allowed successful termination of a physician's employment for good cause, and the issuance of an injunction preventing the terminated employee from opening a competing practice in the same locale as the client. In this case the terminated physician ended up having to pay thousands of dollars of the client's legal fees under the provisions of the employment agreement we drafted.
- Representation of an employer with numerous locations and over 200 employees who had a dispute with a professional/management employee. The employee filed an EEOC charge for age and sex discrimination as well as harassment. The subsequent lawsuit included numerous federal and state law claims all but one of which were eliminated through summary judgment granted to the employer with the remaining claim settling through mediation.
- Representation of a mid-sized employer when an employee resigned, taking proprietary customer information with him. Suit was filed to retrieve the information, which was accomplished. The remainder of the issues were mediated, with the employee eventually paying the employer to settle the case.