Labor & Employment
Despite the best efforts of all concerned, it is sometimes necessary to eliminate jobs and terminate employees, whether individually or as part of a larger restructuring of the workforce. We work hand in hand with our clients to advise on best practices, documentation, and compliance to ensure the best decisions are made, and in a way that achieves client goals while avoiding litigation and unnecessary workforce disruption. When it comes to plant closings or mass layoffs, our experience with the Worker Adjustment and Retraining Notification Act (WARN), state mini-WARN laws, the Older Workers Benefit Protection Act, and disparate impact analysis has helped many clients avoid unnecessary and expensive violations.
When terminations result in litigation, we have seasoned trial lawyers to take up the cause, and have had remarkable success in court, including dozens of wins on summary judgment and at trial for employers, and multi-million-dollar verdicts and judgments on behalf of individuals who have been wrongfully fired.
Half the battles in employment law can be won or lost through good employee handbooks and policies. A strong handbook informs employees and management of their rights and responsibilities in the workplace, consistent with the latest developments in the law, and provides a fair process for handling situations and disputes, when they arise. The best handbooks also help reinforce or establish the mission, culture and expectations of the workplace. In contrast, poor handbooks and policies can create unintended legal obligations for the employer, mislead employees as to what is required of them, or create standards that no longer comply with the law.
We routinely draft and revise employee handbooks and policies for our clients, and have model forms that can provide a cost-efficient start to the process. If you do not have confidence in the validity of your company’s handbooks or policies, consider a fixed-fee legal review to avoid unnecessary legal violations and problems.
Executives And Employees
Discrimination, Harassment And Retaliation
Other Employment Issues
- Overtime pay and unpaid wages
- Family and Medical Leave Act (“FMLA”) claims
- Whistleblower claims
- Common law wrongful termination claims
- Breach of contract, tortious interference, and defamation claims