“Talent wins games, but teamwork and intelligence win championships.” – Michael Jordan
In employment law, every action an employer takes may be subject to scrutiny in court later. More importantly, the company’s employees are watching to see if the organization values its employees, treats them fairly, and can be trusted to do the right thing. Managers and human resource departments need legal support to make the right judgment calls and to inspire confidence in their workforce.
We work side-by-side with our business clients to provide day-to-day advice and counsel to managers and human resource departments on employment matters, including hiring and firing, benefits, compensation, and employment disputes. We believe that an employment lawyer is more than a protector and advocate who steps in when a conflict arises and cleans up the mess. We believe that an employment lawyer’s first job is to help an organization develop and level up employment policies so they can avoid conflict and head off problems before they begin. Our goal is to make every one of our client’s organizations a great place to work.
When the trust and confidence of your workforce is your greatest asset, employment matters are of foremost importance.
Our employment lawyers assure compliance with ever-changing laws and help implement best-in-class employment policies. Good employment advisors are battle tested and know what is at play in discrimination and wrongful discharge actions. They are seasoned conflict dispute resolution experts who can weigh the real and intangible costs of a dispute and give vital advice on how to best handle a dispute from the early going.
We take a team approach. Our attorneys, paralegals, and administrative staff work as an employment law team, working closely with managers and human resource departments to implement policies proactively and head off problems before they start.
We do not believe in putting out fires; we believe in preventing them. We help our clients to continuously update and improve their employment practices and create clear procedures for corrective action, which facilitate faster decision-making and good outcomes. The goal is not to “win” or “prevail” when an employment dispute arises, but to create a great work environment where employees feel valued, minimizing discord. If human resources and employment practices are done right, employees will rally behind the company’s mission and self-regulate.
Employees are the backbone of any business enterprise. We help to write employee handbooks and manuals that clearly outline employer expectations and lay out the rules of the road. We believe it pays dividends to institute employee welfare programs like employee stock ownership, 401(k) plans, flexible scheduling, family medical leave, and long-term disability benefits. We take a collaborative approach and work in consultation with in-house counsel and business executives to improve employment practices and earn employee buy-in to corporate objectives.
A just judge serves justice, which means acquitting the innocent, punishing the guilty, and handing down uniform sentences where the punishment fits the crime. Parity in outcomes creates confidence in the justice system. The same principles hold true for progressive discipline in organizations. We believe in setting clear precedents so that everyone receives equal treatment and knows ahead of time what to expect if rules are broken.
We find that clear expectations and fairness of outcomes is the best way to ensure that employees do not feel mistreated or singled out.
As soon as a dispute arises, we start by doing an exhaustive internal and external investigation to determine the facts. Getting a clear picture of the unvarnished truth helps to better understand the claims and the exposure on both sides of the issue, which sets up an early resolution. While an employer has to handle claims even-handedly, just as they do with corrective actions, it is better to reach a resolution early and minimize the potential cost and disruption of a lawsuit.
Our employment lawyers are trial lawyers by nature who have litigated both sides of employment law disputes. We know how high the stakes can be. Nothing is better than vindicating an employer by achieving a dismissal of a baseless claim or getting a summary judgment decision that ends a lawsuit. But, many employment law cases are fact-intensive “he said/she said” affairs that result in an airing of an organization’s employment practices in a public forum.
Settling a case to avoid conflict and embarrassment should never be done when you are in the right—lest it encourage the moral hazard of more frivolous litigation. Our attorneys are committed to fighting those cases that call for war instead of diplomacy and which require vindication instead of capitulation. Taking a stand on appropriate cases sends a clear message that an organization won’t back down from a fight and has the mettle and backbone to fight for what is right. In litigated cases, we are led by the evidence and come up with compelling narratives backed-up by facts. Trial theories and themes that match the evidence persuade mediators, arbitrators and juries alike.
We view the defense of an employment lawsuit as an opportunity to show that an employer’s employment policies and procedures have been set up properly, that it values its employees, and that it makes sound judgments—including knowing when to take a stand and fend off unprincipled fortune-hunting campaigns by opportunistic actors.
We are not a passive participant in your journey to become a Best Workplace. As employment lawyers, we have experience with a range of employers and are in a position to provide meaningful advice about how other employers have dealt with similar challenges and the results that can be expected.
We do not pull any punches in telling you what we recommend based on our experience. But, once you decide how to move forward, we will execute on your desired approach with total commitment.