Employment Law Services

Key Benefits

• Litigation Prevention
• Aid In Compliance
• Advising And Counseling

Capabilities

Employers are subject to myriad, sometimes conflicting federal, state and local employment laws and regulations.

Among the federal statutes regulating the employment relationship are:  Title VII of the Civil Rights Act of 1964; the Equal Pay Act; the Age Discrimination in Employment Act; the Occupational Safety and Health Act; the Rehabilitation Act, the Americans with Disabilities Act; the Older Workers Benefit Protection Act; the Fair Labor Standards Act; the Davis Bacon Act; and the Employee Retirement Income Security Act, and the Civil Rights Act of 1991.

Many states and other localities have similar, and frequently more stringent, statutes that further regulate the relationship between employer and employees.

The “employment-at-will” doctrine, long dominant in this country, has been eroded in many jurisdictions.  In some states it has been totally rejected.  As a result, the acts and omissions of supervisors and the language used in employee handbooks, personnel manuals or benefit booklets, have led to much litigation, and often to substantial liability for employers.

Employers also are more and more frequently being subjected to suits premised upon negligent hiring or retention of employees, defamation, intentional infliction of emotional distress and developing wrongful discharge theories.  These suits challenge employer actions in hiring, supervising or terminating employees.

With every state and federal legislative session, we see further erosion of employer rights and a corresponding expansion of employee rights.  For example, the Civil Rights Act of 1991 substantially expanded employee remedies to include jury trials, compensatory and punitive damages.  This continuing trend provides added emphasis on the necessity of strong and effective litigation avoidance programs if we are to remain a competitive society into the next century.

Our litigation prevention approach assists clients in complying with employment-related laws and rules while, at the same time, maintaining management’s right to take effective employee relations actions.  Our approach reduces the likelihood of agency proceedings or employee lawsuits.  Should legal action be instituted, we strive to provide the most effective and cost efficient representation possible.

Our services in the employment law area include, among others:

Conducting management and supervisory training workshops concerning the legal requirements of employment laws and methods for avoiding employment-related litigation;

Counseling clients in establishing employment policies, practices and handbooks which are lawful and reduce the possibility of litigation;

Advising clients on specific employee relations problems involving hiring, promotions, discharge, reductions in force, and other employment-related decisions;

Preparing and implementing affirmative action plans;

Developing programs to eliminate substance abuse in the workplace;

Advising and counseling with respect to issues arising under individual employment contracts and non-compete agreements; and preparing such agreements when requested;

Aiding clients in complying with the requirements of federal and state occupational safety and health acts, and wage and hour laws;

Representing clients before federal, state and local fair employment practice and other administrative agencies;

Representing clients in employment litigation before federal and state courts.

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Last modified: June 01, 2001