Employment

Legal issues facing workplaces are at the forefront of the news cycle and require counsel with a deep knowledge of leading issues, proven diplomacy skills and an ability to advocate persuasively in court, arbitration and mediation. We have the breadth of expertise in the issues employers and employees face and the up-to-date information on new issues emerging in employment law to advise our clients on creating, maintaining and protecting safe, equitable and profitable workplaces. We understand that it is often in everyone’s interest to resolve disputes discreetly and routinely advise employers and employees on negotiating separations that avoid costly litigation and unwanted publicity.

Employment Litigation

Our employment lawyers defend public and private companies in lawsuits alleging discrimination on the basis of race, color, religion, gender (including pregnancy), harassment, national origin, sexual identity, age (40 or older), disability, genetic information, or retaliation. We advise clients on issues arising from the Family Medical Leave Act (and state and local counterparts) and represent clients in FMLA cases. We also represent employers in executive compensation and executive contract disputes related to commission payments, employment terms, bonuses, wrongful discharge and other related contract disputes. Our team counsels employers on enforcing non-compete covenants and protecting valuable trade secrets, such as customer lists and other proprietary information. We have extensive experience handling all aspects of electronic discovery and overseeing the review and production of substantial documents. Further, we are experienced handling the public relations challenges that often accompany sensitive matters and work to resolve matters discreetly for all parties.

Representative Matters:

  • Successfully defended multiple Fortune 500 companies, government agencies and officials and nonprofits in discrimination lawsuits.
  • Won summary judgment in favor of Fortune 500 company in race, national origin and disability discrimination and retaliation case which was upheld by the Third Circuit.
  • Achieved voluntary dismissal in favor of Fortune 500 company in gender and age discrimination and retaliation case without payment of damages.
  • Obtained TRO and preliminary injunction in successful enforcement of a covenant not to compete and confidentiality agreement affecting over 500 employees.
  • Obtained emergency TRO to protect the trade secrets of a biotechnology company whose employee tried to take specific confidential formulas to a competitor and negotiated a speedy result that ultimately protected the trade secrets.
  • Advised international manufacturing company on claims by former employee for severance payments which avoided litigation and saved client a substantial portion of severance sought.

Confidential and Sensitive Investigations

On occasion, employers face a particularly high stakes, sensitive or confidential employment matter that requires a custom solution, ranging from an internal investigation to an extensive report and recommendation of remedial strategies. In these situations, clients often need someone outside their organization or who is not their regular outside counsel to manage the situation with objectivity and discretion. We conduct investigations related to claims of discrimination, sexual harassment and retaliation for government, non-profit and business clients.

Representative Matters:

  • Conducted confidential investigation on behalf of Fortune 500 retailer and prepared report and recommendations in connection with alleged impropriety.
  • Handled confidential review of extensive files of former CEO of large non-profit.
  • Investigated discrimination claims against top university administrative official.
  • Managed confidential review of CEO files after unexpected death to protect decedent’s privacy while assuring employer records properly preserved and transitioned.
  • Handled broad investigation into foreign affiliate’s use of budgeted funds and management of sensitive program overseas.

Employment Counseling for Businesses and Institutions

We regularly provide training and advice to clients on a range of employment matters as part of their risk management strategy. We offer training on a variety of employment related issues including discrimination and sexual harassment, social media usage, independent contractors, work-for-hires, and non-compete/non-solicitation agreements for employees ranging from C-Suite level leadership to front-of-house staff. Our knowledge of the developing trends and case law by jurisdiction allow us the flexibility and dynamism to engage and educate employees of all backgrounds and experience levels.

Representative Matters:

  • Provided training to multiple publicly held companies on employee email usage and BYOD (bring your own device) policies, attorney-client privilege, and employee use of social media.
  • Counseled public and privately held companies on employment issues, including drafting policies on employment and document retention compliance.
  • Advised clients in multiple industries on compliance with equal employment opportunity laws on federal, state and local level.
  • Advised clients on independent contractor v. employee classification and the risks associated with misclassification.
  • Conducted customized training on sexual harassment and gender discrimination for C-suite, management, and administrative employees in higher education.
  • Advised law firms and legal departments on discrimination, harassment, retaliation, unconscious bias and diversity and inclusion.

Employment Counseling for Executives, Entrepreneurs and Professionals

It is always difficult when an employment or partnership relationship sours or an individual feels mistreated at work. Executives, entrepreneurs and professionals are often particularly concerned about the potential impact on their career and reputation when employment disputes occur. Our team understands the importance of addressing discrimination, harassment and retaliation and devising an exit strategy that allows our clients to move on to new opportunities without the taint of a public battle. We advocate vigorously to negotiate severance agreements that compensate clients for the financial consequences of employment disputes while preserving their professional options going forward. We counsel law firm and professional services partners, managers and associates, General Counsel and in-house lawyers, doctors and medical professionals, and C-suite level executives and business partners on how to navigate a challenging work environment while working towards a resolution, including recovering for harm caused by wrongful discharge or breach of an employment contract. Most importantly, we strive to reduce client’s stress by responding quickly to avoid sleepless nights waiting for advice. Our goal is to provide the personal attention and support needed during a difficult time and to achieve results quickly without unnecessary expense.

Representative Matters:

  • Negotiated separation of General Counsel of large privately held company and separation of several Deputy General Counsel from publicly held Fortune 100 companies.
  • Represented doctors and medical professionals in connection with separation from healthcare systems and medical practices.
  • Counseled Certified Public Accountant in connection with separation from large public accounting firm.
  • Advised multiple individual partners and members of limited liability companies in leaving partnerships and rights under operative agreements.
  • Negotiated separation agreements for several executives from not-for-profit organizations.
  • Represented law firm partners and associates in connection with separation from major law firms nationwide.
  • Advised professionals, executives, and business partners on discrimination, harassment and retaliation claims and negotiated amicable resolution of claims without litigation or arbitration.
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