Employment

 
This practice area has the following sub practice areas:

Employment law continues to be one of the fastest growing and dynamic areas of legal practice, with changes driven regularly by the courts and federal, state and local legislatures.  Kiernan Trebach has the resources and experience to deliver effective, efficient and comprehensive legal services for our clients.

Employment Litigation:

One of our strongest attributes is our history of successful civil litigation and trial practice. We enjoy an excellent reputation as true "trial lawyers" in federal and state courts, as well as extensive experience before the U. S. Equal Employment Opportunity Commission and state and local agencies. We routinely defend employers against all types of employment claims and intentional torts involving the workplace. We staff cases in an efficient manner and approach cases aggressively, with the goal of achieving positive results early in the claims and litigation process.

Changes in the employment marketplace are also reflected by a higher proportion of cases involving disputes over the enforceability of employment contracts, agreements not to compete, and trade secret and confidentiality agreements. These types of cases can be unusually complex and potentially expensive for the parties. Our attorneys represent many entities involved in such claims and provide counseling on how to avoid common pitfalls.

Types of Cases:

Our attorneys represent employers in all areas of employment law, including:

Industries Served:

Employer Services and Counseling

Kiernan Trebach attorneys advise and counsel clients on compliance with employment-related statutes and regulations on the federal, state and local levels. We take a preventative approach in counseling clients, reflecting our client's goals to minimize conflicts in the workplace and prevent or control litigation expenses. Our advice is practical and defensible, not merely theoretical. Our attorneys regularly assist clients in the following areas:

● Administrative Charges: Handling and responding to administrative charges
● Compliance with plant closing and mass layoff regulations
● Compliance with special statutory protections for the disabled
● Compliance with wage and hour regulations
● Confidentiality agreements and trade secret programs preparation
● Discipline and Discharge Protocols: Implementation of discipline and discharge protocols
● Drug and Alcohol Policies: Development of drug and alcohol testing policies
● Employee handbooks and personnel policies preparation
● Employee Misconduct Investigations: Performing workplace investigations
● Offer Letters and Employment Agreements: Drafting of employment offer letters and
employment agreements
● Personnel Policies: Advising in-house counsel, human resources professionals, and executives in
the development of sound personnel policies that limit liability and enhance productivity
● Protection of employee privacy interests at the workplace
● Severance Policies and Separation Agreements: Drafting of severance policies and separation agreements
● Workplace Disputes: Assisting in the resolution of individual workplace disputes

Recent Results:

● Race Discrimination and Retaliation: Secured a defense verdict at a jury trial in federal court in which we defended a university on claims of race discrimination and retaliation in violation of the False Claims Act where the plaintiff argued that he was terminated because he complained about financial mismanagement.
● Age Discrimination: Secured a defense verdict at a jury trial in federal court in which we defended a university on a claim of age discrimination where the plaintiff argued that she was terminated and replaced by a younger employee.
● (State) Personal Appearance: Secured a defense verdict at a jury trial in state court in which we defended a hospital on a claim of discrimination based on personal appearance where the plaintiff argued that there was direct evidence of discrimination on the part of hospital leadership.
● Sexual Harassment: Successfully resolved claims of sexual harassment and constructive discharge where allegations arose from the alleged conduct of the employer’s owner and founder.
● Retaliation and Wrongful Termination: Secured summary judgment on a whistleblower claim in state court in which we defended a media company on claims of retaliation and wrongful termination where the plaintiff argued that he was terminated for engaging in protected conduct.
● Public Agency - Discrimination, Harassment and Retaliation: Successfully resolved multiple claims of discrimination, harassment and retaliation in the context of agency-sponsored mediation programs and via engagement with private mediators.
● Sex Discrimination, Retaliation and Violation of Equal Pay Act: Prevailed at summary judgment and on appeal before the U.S. Court of Appeals for the D.C. Circuit in defense of a healthcare provider former employee was terminated and brought claims of sex discrimination, retaliation and violation of the Equal Pay Act.
● Non-Compete enforcement: Successfully resolved disputes concerning enforcement of covenants not to compete against former employees working in the government contracts sector.
● Collective and Class Actions - Underpayment of Wages: Successfully resolved multi-party collective actions and class actions involving alleged underpayment of wages in state and federal courts.

For more information, please contact any of the practice members referenced in the Attorney Listing. For the “Practice Area” Employment (https://www.kiernantrebach.com/attorneys/)