PROACTIVE AND PREVENTATIVE REPRESENTATION OF EMPLOYERS

Positive employment relations are essential to the overall health of any business. Employers must maneuver through a complex maze of State and Federal laws governing employee relations to avoid potential liability to their employees. We assist clients in proactively complying with those laws to insulate against liability and to ensure a safe and respectful workplace for their employees.

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PROACTIVE AND PREVENTATIVE REPRESENTATION OF EMPLOYERS

At McDonald Fleming, our attorneys provide advice and counsel to companies seeking to avoid litigation over employment-related issues. Even very careful and conscientious employers can get caught up in some aspect of employment litigation. We guide employers, help them avoid common pitfalls, establish systems and procedures to reduce employment-related claims, and protect even the best-intentioned employers who are targeted for litigation by government attorneys or private parties. 

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Whether you require assistance in reviewing your employee policies and procedures or you suspect you may soon be dealing with a discrimination or other employment-related claim, we are prepared to assist you. If litigation is required, we have experienced trial attorneys who begin your defense with a thorough investigation and analysis of the merits of the compliant. Our strategy is tailored to address our clients' goals and concerns, ranging from a discreet resolution to zealous defense in administrative hearings and trial court proceedings. 

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Our employment defense practice covers a range of common claims and disputes that arise in the employer-employee dynamic:

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Employment Discrimination

Harassment

Hostile Work Environment

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You want lawyers dedicated to the defense of workplace law when you are facing a claim of discrimination or harassment from a disgruntled former employee, the EEOC, or another government agency. 

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Laws relating to discrimination and harassment continue to increase in number and scope, and government agencies continue to increase their enforcement activities. Our goal is to reduce your exposure to lawsuits and increase your chances of success should you face a legal claim. 

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UNEMPLOYMENT

One of the most common issues employers deal with is unemployment claims. Failure to address unemployment claims properly can result in needless expense for employers and increase exposure to future litigation by the employee. We help you develop a system for processing, evaluating, and, if necessary, defending against unemployment claims.

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WHISTLEBLOWER RETALIATION

"Whistleblower" claims are on the rise. A whistleblower claim occurs when an employee claims that adverse employment action was taken as retaliation because the employee complained about alleged illegal conduct by the employer. It is critical that employment evaluations, along with instances of employee counseling and discipline, are properly documented to demonstrate the rationale behind a decision adversely affecting the employee's status. To reduce exposure to claims of retaliation, we assist you in reviewing your disciplinary process and establishing procedures for that process. We are experienced in defending against such claims in court and in administrative proceedings.

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ENFORCEMENT OF RESTRICTIVE COVENANTS

We understand that companies invest considerable time and resources in their key personnel and trust those individuals with customer relationships and confidential information. The loss of a key employee to a competitor can be devastating to a business. "Non-Compete" and "Non-Disclosure" agreements are designed to protect the investments you have made in your employees. We help you create and enforce those agreements.

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