A broad range of large and small corporations, non-profit organisations and trade associations regularly seek legal advice and counsel from Chadbourne on issues relating to the employer-employee relationship. These businesses include banks and other financial institutions, manufacturers and distributors, retailers, advertising agencies, magazine and book publishers, telecommunications companies and airlines.
Chadbourne’s employment lawyers seek to help clients prevent or contain problems. Because the firm’s employment lawyers strive to develop creative approaches and solutions to employment issues, clients often are able to identify potential problems in advance and take actions that can help prevent costly and time-consuming litigation.
When necessary, however, Chadbourne’s employment and benefits attorneys aggressively represent businesses in litigation over employment law and ERISA issues. Indeed, our lawyers regularly represent clients in such lawsuits in federal and state courts throughout the country, at both the trial and appellate levels, and before administrative agencies such as the Equal Employment Opportunity Commission (EEOC) and various state agencies with jurisdiction over the employment relationship.
Businesses turn to Chadbourne employment litigation attorneys to:
- defend them in individual suits alleging discrimination because of sex, age, race, religion, national origin and disability, under federal, state, and local laws
- defend them in class actions alleging a widespread pattern-and-practice of discrimination
- defend them in actions alleging common-law breach of contract or tort (for example, defamation) for incidents arising out of the workplace
- conduct and advise them on internal investigations of alleged discrimination or other wrongdoing (for example, ‘whistle-blower’, sexual harassment)
- represent them in federal and state agency investigations, such as those conducted by the EEOC and the U.S. Department of Labor
- represent them in grievances and arbitration
- uphold their interests in proprietary and confidential information; we litigate restrictive covenants, trade secrets and breach of fiduciary duty issues arising out of employee departures or hires
Chadbourne frequently advises corporate management with respect to employment issues involving hiring, promoting, disciplining and terminating employees. These issues often raise questions relating to race, color, religion, sex, national origin, age, disability, citizenship, sexual orientation or marital status.
We also answer questions presented by sensitive situations involving sexual harassment, AIDS, drug abuse and drug testing, reductions-in-force and reasonable accommodations.
In addition, Chadbourne negotiates separation agreements in difficult termination cases, addresses issues stemming from employment references and defamation, and advises clients on how to minimise the risk of wrongful termination claims and the effect of restrictive covenant and trade secret obligations.
Often, Chadbourne employment and ERISA attorneys work with businesses to:
- develop personnel policies
- review employment applications, forms and procedures
- assure compliance with complicated statutes such as the Family Medical Leave Act and the Fair Credit Reporting Act
- negotiate employment agreements, including non-competition and confidentiality provisions
- perform Equal Employment Opportunity Commission and “glass ceiling” audits to check for — and solve — possible difficulties
- develop affirmative action plans
- assist in Office of Federal Contract Compliance Programs compliance reviews
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The New York State Department of Labor recently published proposed regulations addressing employer deductions from employee wages.