William H. Fallon is a Member of the firm and has been practicing law since 1981. His practice is focused on representing employers in employment and labor matters, including employment litigation.
Labor and Employment Law Experience
Mr. Fallon helps employers find successful, constructive solutions to their most difficult employment problems, in and out of court. Most employers prefer to stay out of court, which is accomplished by effective early management of potential legal problems. Mr. Fallon works daily with clients to develop sound strategies for anticipating and handling the endless variety of workplace legal issues – harassment, union organizing, disabilities, discipline, overtime, policies and handbooks, employment agreements, and more. When a case does go to court or an agency, Mr. Fallon engages the client directly in strategic decisions to ensure that case is managed based on the client’s business objectives; no case takes on a life of its own. Whether the client has thousands of employees or a few, Mr. Fallon’s commitment is the same: to manage employment law compliance so that employers can make the right decisions based on their pursuit of organizational excellence, not out of fear of employment claims.
Employment Litigation Experience
In hundreds of employment cases, Mr. Fallon has an established track record of consistently successful results, with outright dismissals, wins at trial and on appeal, and favorable settlements. These include claims of discrimination, harassment, wrongful discharge, retaliation, breach of contract, and sales commission disputes. Mr. Fallon also has extensive experience in prosecuting non-compete, trade secrets, and employee embezzlement cases.
Some examples of Mr. Fallon’s recent cases:
- In a race discrimination case, a global manufacturing company was accused of widespread discrimination against minorities. Mr. Fallon worked with the client to establish a case strategy that resulted in the case being dismissed outright. The win was affirmed on appeal.
- Mr. Fallon was asked to take over a complex discrimination case just a few days before the court-ordered discovery deadline because of the client’s concerns about prior counsel’s strategy and preparation. Mr. Fallon and the client moved quickly to develop a new strategy for defending the case, marshaling additional evidence and sharpening legal positions. The strategy succeeded in putting the plaintiff in a defensive position for the first time. The court threw out all of the plaintiff’s significant claims, and the client dictated the term on which the case was dismissed.
- A client’s former technician went to work for a direct competitor, in violation of his non-compete agreement with the client. Although the trial judge refused to grant an immediate injunction to stop the technician’s unlawful behavior, Mr. Fallon moved to protect the client from ongoing unfair competition by obtaining an early trial. The result was the successful enforcement of the agreement according to its terms.
- An engineer filed a federal lawsuit against our client claiming that he had a complex mental disorder and that the client had violated the ADA by failing to “accommodate” his disability and by terminating his employment. The strategy for this case included the effective development of psychiatric testimony, and successfully undermining the extensive medical evidence presented by the plaintiff. The court ruled in favor of Mr. Fallon’s client on every issue, and the victory was affirmed on appeal, with substantial costs assessed against the plaintiff.
Professional Affiliations, Activities and Honors
Mr. Fallon is active in a number of professional and business organizations. He served on the State Bar of Michigan’s Standing Committee on Character & Fitness. He is a member of the Society for Human Resources Management (SHRM), the Defense Research Institute, and the Economic Club of Grand Rapids.Mr. Fallon presently services as Miller Johnson’s co-General Counsel. He served six years on the firm’s Management Committee, as well as several years as the chair of the Firm’s Labor and Employment Section and in other leadership roles.
He is a director and past board chair of Thresholds, Inc., a nonprofit agency serving individuals with developmental disabilities. As a member of the American Inns of Court he mentored younger lawyers for several years. He served on the board of directors and two years as president of the Grand Rapids Amateur Hockey Association, and has coached many youth hockey, softball, and soccer teams. He served many years on the board of directors of the Gerald R. Ford Council of the Boy Scouts of America; as a trustee and president of the St. Thomas Education Foundation; and as a trustee of the Grand Rapids Art Museum. He is a member of the Grand Rapids Bar Association, the Federal Bar Association, and the Catholic Lawyers Association of Western Michigan.
Mr. Fallon received his law degree, cum laude, from the University of Michigan Law School in 1981, a master of science from the University of Wisconsin in 1978, and his undergraduate degree, magna cum laude, from the University of Notre Dame in 1977.