Foley & Mansfield
Foley & Mansfield

Melinda A. Balian

Partner - Detroit

mbalian@foleymansfield.com

248-721-4200

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

BIOGRAPHY

Melinda Balian is a partner in the Detroit office of Foley & Mansfield. 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.

REPRESENTATIVE MATTERS

  • 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

Foley & Mansfield Champions Gender Parity; Firm Named #2 in National Law Journal Women in Law Rankings

Foley & Mansfield is pleased to announce that the firm has been named #2 among the National Law Journal Women in Law rankings, and has again been listed among the nation's largest law firms – the NLJ 500. The firm ranked #271 in the annual listing, which this year was expanded to include the top 500 law firms in the nation.

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Law360 Ranks Foley & Mansfield Among Top Firms for Female Attorneys

The national defense firm of Foley & Mansfield is pleased to announce it has been ranked 15th on Law360’s 2016 list of the 100 best U.S. law firms for women.

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Balian Successfully Defends Against Whistleblower Lawsuit in Michigan Supreme Court

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.

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AWARDS

  • Michigan Super Lawyers® - 2014 -2015
  • Super Lawyers® Business Edition- Employment & Labor - 2014

COMMUNITY SERVICE

  • The Rainbow Connection

MEDIA

  • What Should Physicians Know Before Signing Employment Agreements? Michigan Law Report (www.mimedicallaw.com), Fall 2012
  • Provider Beware: Declination of Health Care Services May Spark Civil Rights Violation, Michigan Law Report (www.mimedicallaw.com), Winter 2011
  • Court Holds Physicians May Not Refuse Services for Discriminatory Reason, Michigan Law Report (www.mimedicallaw.com), Winter 2011
  • Employees:  Your Biggest Risk and Your Biggest Ally, Michigan Law Report (www.mimedicallaw.com), Summer 2008

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