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Employment Litigation

We understand the pressure employers face to minimize the risk of liability when faced with terminating an employee or facing a potential wrongful termination suit. When confronted with employment claims, we take a practical, aggressive, and cost-effective approach to resolving these cases. 

We are fully capable of handling any size or scope of litigation - from individual claims to class actions- and have successfully defended employers facing wrongful discharge, discrimination, harassment, retaliation, whistleblower, compensation, and other employment-related claims. We possess a solid and thorough understanding of Employment Practices Liability Insurance (EPLI ), having represented insured employers since the inception of such coverage.

Our attorneys have extensive experience in defending employers in state, federal and appellate courts throughout the country, as well as before the National Labor Relations Board, the Equal Employment Opportunity Commission, and other local, state and federal agencies. We also represent clients in the state and federal appeals process arising from MRB and state labor agency proceedings.  

Specific employment litigation experience includes:

    • Discrimination based on race, age, color, gender, sexual orientation, religion, national origin, disability, pregnancy, marital status, veteran’s preference status
    • Harassment
    • Retaliation
    • Whistleblower, Sarbanes-Oxley
    • Wrongful termination
    • Breach of contract
    • Wage, hour and overtime claims
    • Worker's compensation
    • Violations of §1981 and §1983
    • Non-compete, trade secrets and duty of loyalty
    • Professional liability claims
    • Tort claims, including defamation, slander, libel and tortuous interference
    • Employee benefits
    • FMLA
    • EPLI claims

Employment Counseling

Foley & Mansfield employment lawyers represent and counsel small, medium and large employers, nonprofits, municipalities and government agencies to establish “best practices” to ensure compliance with continually evolving employment laws.

Our attorneys work closely with human resources personnel, supervisors, and business owners on a variety of activities aimed at complying with a myriad of typically confusing and contradictory state and federal laws, as well as avoiding or reducing employment-related claims. We will help you draft, review, and update HR policies and procedures, provide legally mandated employment training, and review all employment practices to provide you with valuable guidance.

We will work with you to prevent problems before they happen by assisting with the following:

    • Employee handbooks and personnel policies
    • Employment contracts, separation agreements and releases
    • Discrimination and harassment
    • Termination
    • Wage and hour law compliance
    • ADA – Americans With Disabilities Act
    • FMLA – Family Medical Leave Act and state leave laws
    • Lilly Ledbetter Fair Pay Act
    • EEO – Equal Employment Opportunity
    • FLSA – Fair Labor Standards Act
    • Labor management relations
    • I-9 Compliance & Worksite Enforcement

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 attorneys offer a complete range of legal, counseling, and consulting services.

Employment and Healthcare Connection

Foley & Mansfield's award-winning program is designed specifically to assist human resource professionals and CEOs in managing ongoing employment and labor concerns in a cost-effective manner. Learn more.



Profile photo of Howard I.  Wallach

Howard I. Wallach

Managing Partner - Detroit





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.


Foley & Mansfield Contributes $7,000 to Flint Safe Water Safe Homes Fund

The national law firm of Foley & Mansfield is pleased to announce it has raised more than $7,000 for the Safe Water Safe Homes Fund established by the Community Foundation of Greater Flint in response to the 2014-2016 Flint Water Crisis.


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.