Bar Admissions: Michigan
Practice Groups: Employment Law & Litigation; Health Care Law; Commercial Contract Litigation
Education: University of Detroit Mercy School of Law, 1996, JD; Michigan State University, 1991, B.A., Political Science
Memberships: State Bar of Michigan; Oakland County Bar Association; Rochester Bar Association; Michigan Association of District Court Magistrates; Michigan Bar Foundation; Michigan Association of Justice
Melinda Balian is a partner in the Detroit and Grand Rapids offices of Foley & Mansfield, and chair of the firm's Health Care practice group. She focuses her practice in employment law and litigation as well as health care law.
Ms. Balian has assisted numerous organizations in taking a proactive approach in managing the workforce to protect against employment-based claims by establishing policies and procedures to provide employers the maximum legal protections afforded under applicable federal and state laws. She has also litigated numerous matters on behalf of both private and public organizations relative to claims involving discrimination, discipline, harassment, terminations, unemployment, employment hiring practices, non-competition agreements, and issues involving Michigan Elliott Larsen Civil Rights Act, Title VII, ADEA, ADA, Michigan Persons With Disabilities Civil Rights Act and other related statutes. Ms. Balian also has extensive experience in handling administrative claims with the Equal Employment Opportunity Commission and the Michigan Department of Civil Rights. Ms. Balian represents clients directly, or through appointment as defense counsel by their insurance carriers. Her appellate experience includes matters before the Michigan Court of Appeals and the U.S. Sixth Circuit Court of Appeals.
In the health care arena, Ms. Balian has assisted various health care professionals with regulatory and administrative matters before the Bureau of Health Professions, Department of Licensing and Regulatory Affairs (LARA), as well as violation of due process claims within the health care organization. She also serves health care providers, including group practices, home health agencies and other health care related entities, on contractual and employment related matters.
In addition to her law practice, Melinda has served as a Magistrate in Oakland County for the 52/3 District Court in Rochester Hills since 1999.
- Drafting, reviewing and enforcing employment agreements and overall guidance regarding employment related issues.
- Successfully obtained the dismissal of EEOC and MDCR charges of discrimination on behalf of employers.
- Assisted with internal investigations of employee complaints, including but not limited to allegations of harassment and discrimination.
- Provides regular employment and managerial advice regarding hiring, termination and discipline of employees.
- Assists clients in creating Employee Handbooks, practices, policies and documentation designed to deter employment-related claims, including FMLA, discrimination and wrongful discharge claims.
- Successfully enforced non-competes and non-solicitation agreements both pre-litigation and through litigation.
- Regularly drafts non-compete and non-solicitation agreements.
- Advises individuals on compliance with non-compete and non-solicitation agreements and how to avoid litigation.
- Representation of health care professionals during compliance investigations, and self-disclosures.
- Representation of health care professionals with regulatory and administrative matters before the Bureau of Health Professions, Department of Licensing and Regulatory Affairs (LARA),
- Assists professionals with matters involving violation of due process rights.
IN THE NEWS
Once again, Foley & Mansfield had a defense win in Michigan Supreme Court. Detroit partner Melinda Balian represented a not for profit company, as well as its managers, which provides services to survivors of domestic violence. The plaintiff was an employee terminated for wrongful and intimidating conduct toward fellow employees and managers.
F&M's Detroit office recently celebrated 20 years serving the greater Detroit area, and the centennial of its historic, renovated building.
Foley & Mansfield is pleased to announce that three attorneys in the firm’s Detroit office have been named to the 2015 Michigan Super Lawyers® and Rising Star® Lists. Recognized on the Super Lawyers® list are partners Gary D. Sharp for Personal Injury Defense and Melinda A. Balian for Employment and Labor Law. Named to the Rising Star® list for Employment & Labor is partner Scott S. Holmes.