Labor & Employment

Our lawyers have represented and advised commercial and public sector companies in a variety of businesses on federal and state employment, labor, safety, and immigration regulations.

Non-compete agreements, trade secrets, unfair competition, federal and state discrimination cases, and employee handbooks are all handled by our team in a proactive manner before they become problems. If they do become an issue, we can successfully navigate a case through the whole litigation process, including trial and appeal, while keeping your business’s needs in mind.

 

Non-compete agreements

Non-compete agreements are frequently considered essential by organizations to protect customer relationships and secret information. The most common test for enforcing a non-compete agreement is whether the employer has a statutorily defined, legitimate business interest that can be protected, and if so, if the employee or former employee has used that business interest in an unfair manner. For example, where an employee has stolen a copy of the company’s customer list, which contains secret and proprietary information, and has solicited clients or customers using the information obtained from the employer, a non-compete may be held enforceable. Non-compete agreements may also be enforced if the employer can establish that it has trade secrets that the employee has taken and used, or if the employee has taken and utilized the employer’s trade secrets. Our labor and employment attorneys handle the creation and enforcement of non-compete agreements to protect your business interests.

 

Trade secrets and unfair competition

Trade secret, unfair competition, and non-compete protections encompass a wide range of legal services aimed at safeguarding confidential information, trade secrets, and intellectual property from former employees or others seeking an unfair competitive advantage. Our attorneys assist clients in safeguarding the corporate assets that provide the most important competitive advantage—trade secrets and intellectual information. Our trade secrets team is well-versed in the complexities of employment regulations in many jurisdictions. Where trade secrets and employees collide, our attorneys know how to put in place the necessary protections to protect trade secrets and reduce risk. Even with the best safeguards, litigation is sometimes necessary. All forms of disputes involving trade secrets, unfair competition, and the enforcement of non-competition and confidentiality agreements are handled and protected by our attorneys.

 

Federal and State discrimination claims 

Employee discrimination claims are on the rise. We feel that it is vital for employers to take actions to help prevent discrimination litigation, including learning about the relevant discrimination and harassment laws. Our attorneys have experience representing businesses in anti-discrimination cases before government bodies. In many circumstances, an employee does not bring a lawsuit after an attorney presents a lengthy explanation to the EEOC or another body demonstrating why the claim of discrimination is without substance. If litigation proves necessary, our team will guide you through the process working for the optimal outcome for your company.

 

Employee handbooks

An employee handbook allows a company to deliver important information to its employees in a timely and uniform manner. It outlines and clarifies both parties’ expectations. If there are any internal problems or conflicts, the handbook clearly outlines the actions to take to resolve them. A handbook can help shield an employer in a lawsuit by establishing that employees were aware of the rules and that the company has proper internal complaint and investigation mechanisms in place. A poorly written employee handbook, on the other hand, could be used to hold an employer liable or mistakenly construct an employment contract with the employee. Employee handbooks are essential for any company. They must, however, be properly written and updated on a regular basis to be successful. Our employment attorneys can help you create a handbook that complies with all applicable laws and informs both employers and employees about their rights and responsibilities.

Labor & Employment Attorneys

Julia D. Dennis Partner
Keith J. Hesse Partner
J. Stephen McDonald Partner
Gregory W. Meier Partner
Megan J. Nowicki Associate
Robert Clayton Roesch Partner
John M. Vernaglia Associate
Ryan J. Vescio Associate