Employment

An increasingly complex and constantly changing array of laws and regulations make employment matters a potential minefield for employers. It’s easy to make costly mistakes that can distract you and your managers from running your business. Growing companies face special challenges as they confront the new obligations and risks that come with an expanding workforce.

Manning Fulton’s experienced lawyers can help guide you through the minefield. We partner with our clients and their human resources professionals and serve as a resource for all employment-related legal issues. We strive to do more than just identify risks and problems – we work with employers to find practical, real-world strategies and solutions.

Our Services

Our attorneys focus on helping employers develop and implement strategies to prevent employment-related problems before they arise. Legally sound personnel policies and procedures are key elements of those strategies. Manning Fulton’s lawyers help employers audit their personnel practices and procedures to identify potential problems and liability risks, and then develop and maintain customized employee handbooks and policies that address the specific concerns and challenges in their workplaces, including policies relating to:

  • Equal employment opportunity, discrimination and retaliation
  • Workplace harassment, including sexual harassment
  • Disability accommodation
  • Religious accommodation
  • I-9 forms and employment authorization verification
  • Drug and alcohol testing
  • Telecommuting, telework and flexible work schedule arrangements
  • Employees’ use of email, instant messaging, internet, and mobile phones
  • Employee use of Facebook, Twitter, blogs and other social media
  • Company monitoring of employee IT, mobile device and social media use
  • FMLA, military and other leaves of absence
  • Workplace violence

Our lawyers also help employers implement and administer their policies. We can provide on-site training for managers, and are available to our clients to answer questions and advise them on day-to-day issues, including:

  • Classification of exempt and non-exempt employees
  • Use of independent contractors, temps, leased employees and other contingent workers
  • Responses to FMLA or military leave requests
  • Strategies for addressing employee performance issues, including situations involving employees with health problems or recent discrimination or harassment complaints
  • Options for handling specific disciplinary and termination decisions
  • Procedures for conducting internal harassment investigations
  • Recordkeeping and documentation procedures

When special needs and situations arise, our attorneys can help. We conduct employment-related due diligence for companies involved in mergers or acquisitions, assist them with post-transaction workforce integration, and advise them on strategies for communicating with employees about the changes. Our attorneys also work with companies facing downsizings or plant closings to assess the risks of layoffs or group termination programs, including EEO adverse impact analyses, and to develop and implement selection criteria, OWBPA-compliant demographic disclosures and releases, and other strategies to minimize those risks. We also advise clients on WARN obligations and help them develop any required WARN notices.

Written employment and other agreements are another key element of Manning Fulton’s preventive approach. Our lawyers have extensive experience negotiating and drafting employment and severance agreements for employees at all levels, as well as independent contractor agreements and agreements with staffing agencies, PEOs and other service providers that are designed to minimize the risk of misclassification and unintended employment obligations.

Manning Fulton’s lawyers also helps companies protect their trade secrets, their business relationships, and their investment in their employees with confidentiality, non-competition and non-solicitation agreements that are customized to provide the best chance of maximum protection for the company’s interests. Our attorneys have obtained injunctions in state and federal courts to enforce those agreements against employees who compete unfairly with their former employers. We have also successfully defended companies and individuals who have been sued by former employers for allegedly breaching their confidentiality, non-competition or non-solicitation obligations. 

In today’s environment, even the best-prepared employer may face employment-related claims and lawsuits. If that happens, our team has the experience and expertise to defend you. Manning Fulton lawyers have represented employers in connection with audits and investigations by government agencies like the Equal Employment Opportunity Commission and the Department of Labor, and have defended employers in individual and class action lawsuits in state and federal courts and arbitration proceedings involving a wide variety of claims, including:

  • Discrimination, retaliation and harassment
  • Wrongful discharge
  • Overtime and minimum wage violations
  • Benefits claims under ERISA
  • Interference with FMLA rights
  • Intentional and negligent infliction of emotional distress

Our Clients

We understand that every business is unique. We work closely with you to understand your business, your workforce, your industry, and the particular risks and challenges you face. Manning Fulton’s employment section has experience working with a broad range of employers, including: 

  • Agricultural companies
  • Brokerage firms
  • Design firms
  • Financial services firms
  • Hotels
  • Manufacturers
  • Medical practices
  • Property development and management companies
  • Technology and software companies
  • Retailers
 
Choose Experience. Choose Value. Choose Accessibility. Choose Manning Fulton.
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