• Defense-Oriented Litigation: Our Labor and Employment attorneys regularly defend employers in state and federal courts and administrative forums, in an array of employment disputes, including:
  • Claims of age, race, religious, gender, and disability discrimination
  • Workers’ compensation discrimination
  • Sexual and racial harassment
  • Wrongful and retaliatory discharge, particularly involving safety-related issues
  • Wage and hour, ERISA, COBRA, and WARN Act violations
  • Family and Medical Leave Act (FMLA) and reasonable accommodation claims
  • Unemployment compensation controversies
  • Breach of employment contract and noncompetition covenants
  • Defamation and invasion of privacy
• Labor Relations: Our attorneys routinely represent management in labor matters ranging from:
  • Union organizing campaigns
  • Representation elections
  • Collective bargaining negotiations
  • Unfair labor practice charges
  • Strikes, picketing, and boycotts
  • Grievances and arbitration
  • Advising employers on compliance with evolving NLRB policy, including social media and confidentiality policies and issues.
• Preventative Counseling and Advice: Our attorneys frequently consult with clients on many topics, including:
  • Employee discipline and discharge
  • Handbook and personnel policy reviews
  • Employee misconduct and complaint investigations
  • Wage and hour issues
  • Employee leave questions and interaction between Family and Medical Leave Act (FMLA), disabilities laws, workers’ compensation laws, and disability benefit policies and plans
  • Reduction in force (RIF) and Worker Adjustment and Retraining Notification (WARN) Act issues
  • Drug and alcohol testing
  • Employee monitoring and privacy questions
  • Drafting and enforcing non-compete and non-solicitation agreements
• Training: Attorneys in the practice area tailor each training presentation to meet the specific needs of the employer. Jackson Kelly attorneys regularly present on topics including:
  • Anti-harassment and bullying, including sexual harassment
  • Employee discipline and discharge
  • The importance of documentation of Human Resource issues
  • Privacy in the workplace
  • Wage and hour law compliance
  • The overlap between FMLA, disabilities law, workers’ compensation laws, and policies and benefit plans
  • “Dos and don’ts” of union campaigns
  • Handling unemployment compensation claims
  • Physical examinations and inquiries
  • Substance abuse testing and policies
  • Reasonable accommodation
  • Interviewing and selection of job applicants
  • Violence in the workplace
  • Joint employment

Learn more about our Labor & Employment practice in action.