Employment Claims and Litigation
Our team of experienced employment law practitioners guides you through the maze of law and regulation. We assist you in understanding your rights and responsibilities as defined by the applicable law. We partner with you to establish due diligence protocols and create an employment environment designed to add a level of proper employer protection.
Another basic truth is an employment misstep is entirely unintentional. This, too, is a likely inescapable reality given that the multitude of federal and state employment statutes, rules and regulations generally do not excuse liability for negligent employer conduct. What’s more, these various federal and state laws and regulations generally favor the creation and protection of employee rights, and employers must therefore be extremely careful when deciding who to hire, when and under what circumstances they must grant a request for leave, when and how to discipline, and when and how to terminate any employee.
For example, Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex and national origin in the areas of employment hiring, firing, compensation and any other terms, conditions or privileges of employment or application for employment. Other applicable federal statutes prohibit employers from retaliating against any person who protests against employment discrimination and who participates – even as a witness – in a discrimination action against his or her employer.
The Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Fair Labor Standards Act (FLSA), the Worker Adjustment and Retirement Notification Act (WARN), the National Labor Relations Act (NLRA), the Occupational Safety and Health Act (OSHA) and the Family Medical Leave Act (FMLA) also all govern the employer / employee relationship, yet still only represent the most fundamental of the various laws and regulations of which you, as an employer, need to be aware. Confounding matters even further, for each of these statutes there is a corresponding, detailed and voluminous set of rules and administrative regulations which are designed to – but which, in all practicality – do not necessarily more clearly define an employer’s responsibilities to its employees.
Toss on top of all this the great and expanding number of federal court decisions interpreting the various statutes, rules and regulations (not to mention the separate state statues, rules, regulations and court decisions), and a legitimate focus on efficiencies and profitability becomes a seemingly impossible goal.
If ever an administrative claim or civil suit is filed, we have the needed skill, knowledge and experience to see you through to a successful resolution of any employment related claim.