Obtained jury verdict for employer in multiple plaintiff discrimination and retaliation challenge to a reduction in force based upon the employer’s subjective assessment of employees’ performance.
Avoided collective (class) action certification in wage and hour legal challenge to client’s nationwide classification of employees as “exempt” from overtime pay.
Obtained jury verdicts in state court lawsuits alleging breach of implied employment contract and promissory estoppel.
Obtained preliminary injunction enforcing world-wide covenant not to compete against computer software salesperson.
Obtained Directed Verdict in action alleging employer retaliated against plaintiff for testifying in sex discrimination litigation.
Obtained summary judgments in statutory discrimination and wrongful discharge lawsuits.
Used e-mail and other electronic discovery evidence to obtain summary judgment dismissing claims of wage and hour law violations and breach of express and implied employment contracts.
Obtained enforcement in Kentucky state court of individual employee arbitration agreements.
Obtained private arbitration award dismissing employee’s claim of workers’ compensation retaliation.
Assisted clients in defeating over sixty union organizing campaigns.
Assisted clients in winning decertification and deauthorization NLRB elections.
Defended employers in NLRB proceedings involving unfair labor practice charges, Section 10(j) injunction, and NLRB election objections.
Defended employer in LMRA § 301 lawsuit to enforce collective bargaining agreement.
Negotiated collective bargaining agreement limiting the employer’s contribution to the cost of employee health insurance to a fixed amount over five years.
Obtained preliminary injunctions and prepared strike preparation plans in response to union strikes and threatened strikes.
Counseling and Training.
Partners with in-house counsel, HR and other managers to position personnel decision to avoid litigation, agency actions, and union organizing.
Provides clients with cell phone, home phone, as well as office access to assist management with personnel decisions in real time.
Has a track record of successfully guiding employers through the investigation and remedy of “He said/She said” sexual harassment allegations without litigation from either the “victim” or the “accused.”
Offers thirty years of experience successfully training supervisors and managers on how to maintain positive employee relations and lawfully avoid unions at worksites from New Hampshire to Florida and Maryland to California, for manufacturing, distribution, and health care employers and U.S., European, and Asian owned enterprises.
Provides custom-tailored, interactive training for supervisors, managers, and employees on: “You Just Can’t Do That Here!” (sexual and other unlawful harassment training); “How To Stay Out of Trouble and Out of Court” (employment litigation avoidance training); and, “What To Do When Workers Can’t/Won’t Work” (FMLA, ADA, and Workers’ Comp Retaliation risk avoidance training).