The L&E attorneys at C&S have extensive experience in protecting and defending clients from liability under the myriad of federal and state employment and civil rights laws, including
- Discrimination, harassment, and retaliation claims
- Federal under Title VII, 42 U.S.C. § 1981, the Age Discrimination in Employment Act, the Americans with Disabilities Act and Fair Housing Act,
- Pay discrimination under federal and state law
- Interference and retaliation under The Family Medical Leave Act
- Overtime and minimum wage claims under The Fair Labor Standards Act, individual and collective class actions
- Management Rights under the National Labor Relations Act
- Response to employee complaints about working conditions
- Union organizational activity
- Unfair labor practice charges
- Grievance/arbitration proceedings under collective bargaining agreements
- Inspections, investigations, and complaints under the Occupational Safety and Health Act
- Lay-offs and plant closings under the Worker Notification and Retraining Act
- Affirmative action/employment standards obligations of federal contractors
- Retaliatory Discharge claims under states workers’ compensation acts
- Employment torts such as assault & battery, intentional infliction of emotional distress, and fraud
Whether an administrative proceeding or a lawsuit, we immediately launch an aggressive client-interactive defense strategy specific to the client and the matter at hand. We analyze the issues, available defenses, and potential liability early to enable our clients to make full- informed decisions regarding the best strategy to defend and dispose of the asserted claims. We immediately advise our clients of new developments in a matter and, together with the client, make necessary adjustments to our plan to respond to new developments. With our approach, the plaintiff does not control the course of proceedings or the arguments that may ultimately be presented to a court or jury – we do. We stay in constant communication during the entire course of any administrative hearing or litigation so the client is a full participant and the well-advised decision-maker in the process.
The best way for employers to avoid charges, lawsuits, and liabilities is to seek and implement legal advice and management training in advance – before an employment action is taken. Our L&E attorneys regularly conduct in-house training seminars for management and supervisors to educate them about the rights and obligations of employers and employees, the risks that arise from employment decisions, and the strategies that help lessen these risks. At a client’s request, we offer the same seminars to business organizations in which our client is a member.
Working closely with the Business Services team, our L&E attorneys render sound advice on requests from clients dealing with contractual issues. We provide counseling on issues presented by mergers, acquisitions, and downsizing. We are frequently asked to negotiate and modify benefit packages and structure transactions, as well as create and review severance packages and non-compete agreements. If a client’s business is forced to downsize, our attorneys are often asked to implement sound plans designed to minimize disruption to the client’s daily business operations while complying with all laws.
Our Labor & Employment attorneys further protect our clients’ interests by conducting full audits of a client’s employment policies and procedures. We believe that employment policies should not be “one-size-fits-all,” but instead should be custom-fit to our client’s operations with the goal of allowing our clients to enjoy the protections that some laws and regulations afford to businesses, and to lessen the risk of employment claims. Our audits look at policies and practices related to:
Hiring at-will or contract
Equal employment opportunity
Compensation and benefits
Leaves of absence
Workplace harassment / hostile work environment prevention
Substance use, abuse, and testing
E-mail, voicemail, internet, and social media usage
Privacy
Safe workplace measures, including weapons and protections against violence
Employee complaint investigations
Nondisclosure and confidentiality
Restrictive covenants, such as non-competition and non-solicitation agreements
Alternative dispute resolution agreements
Severance documents
The defense of employers in workers’ compensation matters is an essential service Christian & Small provides to clients.
We routinely provide consultation and pre-litigation support on behalf of insurers, self-insurers, corporate clients, and third-party administrators regarding claims of questionable liability. We defend lawsuits of disputed liability as well as handle uncontested settlements, negotiate lump sum payments and subrogation rights. In addition, we routinely handle claims of bad faith, outrage, and other tort claims stemming from disputed claims for workers’ compensation benefits.
With the resurgence of OSHA activity, we have formed our OSHA Response Team which advises businesses before, during, and after OSHA knocks on the door. Our Team provides counseling regarding OSHA obligations and compliance. We prepare response plans for managing an OSHA inspection before it begins, designating managers and supervisors the roles and duties they will perform during an inspection.
Our OSHA Response Team is rapid-response, boots on the ground. We do not sit in our offices and advise from afar. We are on-call and will be on-site to participate in the inspection and prepare management and other employees for interviews. Further, we will educate them about their rights during an OSHA interview and investigation and conduct post-interview de-briefings.
The Team remains involved in any continuing investigation, managing communications with OSHA, as well as the document collection, review, and production. To conclude the process, we participate in the closing conference, and when necessary, evaluate and contest citations and penalties, and litigate citations through trial should the client desire.
Regardless of the state of the OSHA process, our OSHA Response Team is ready, willing, and able to serve our clients' needs no matter the time of day or night.
24-Hour Response Team
Greer B. Mallette, Managing Partner