There is no substitute for experience; whether it is in the planning of a termination or in the defense of a wrongful discharge action.  Foley & Mansfield s Employment Law practice group offers a complete range of legal, counseling and consulting services. Our experience encompasses the defense of claims of wrongful termination and claims of discrimination involving every classification protected by local, state and federal civil rights laws. We have successfully defended employers facing administrative charges before local, county, state and federal agencies. We have litigated such claims in state and federal courts, and upheld those defenses at the appellate level.

We also work with our clients on strategies, processes and methods to avoid or reduce employment-related claims. However, if it becomes necessary to take an employment-matter to trial, we have the experience and skills critical for the task. We know the importance of putting disputes into context while defusing strong emotions and effectively communicating with a jury. We have represented and counseled small, medium and large employers, nonprofits, municipalities and government agencies.

We have extensive experience working with EPLI carriers and are familiar with the procedures used by the carriers in employment litigation.

Our experience includes:

Human Resource Counseling and Litigation Avoidance: 

We work with clients to prevent problems before they happen by assisting in the following:

• Review of/drafting of employee handbooks and personnel policies;
• Drafting of employment contracts, separation agreements and releases;
• Addressing claims of discrimination and/or harassment;
• eview of job functions and responsibilities to assure compliance with wage and hour laws;
• Counsel concerning obligations with respect to leaves, accommodations, and other issues under the ADA , FMLA and related state statutes.

Litigation:

We represent clients in state and federal courts throughout the U.S. and aggressively defend the full universe of contract employment and discrimination claims including: 

• Discrimination based on race, age, color, gender, sexual orientation, religion, national origin, disability, pregnancies, marital status, veteran s preference status;
• Harassment;
• Retaliation/whistleblower/Sarbanes-Oxley;
• Wrongful termination/breach of contract;
• Wage/hour and overtime claims;
• Violations of §1981 and §1983;
• Non-compete, trade secrets and duty of loyalty;
• Professional liability, E&O, D&O and ERP/EPL claims;
• Tort claims, including defamation, slander, libel and tortuous interference;
• Employee benefits.

We also represent clients in the state and federal appeals process arising from MRB and state labor agency proceedings.

Labor/Management Relations:

We assist employers who either have a relationship with a labor organization or who subject to a union organizing drive.  We deal with the following areas of traditional labor laws:

• Dealing with union organizing campaigns, either with or without independent consultant;
• Collective bargaining negotiations;
• Contract administration;
• Arbitration;
• Handling picket lines, strikes, and other economic tactics;
• Representation of clients in representation proceedings and unfair labor practice charge investigations and administrative hearings before the National Labor Relations Board or equivalent state agency, including appeals in the federal courts of appeal.