Employment & Labor

Today’s employers are faced with many complex and challenging employment and labor law issues. These laws affect almost every aspect of the employment relationship. Members of Wildman Harrold’s Employment & Labor Practice represent employers in numerous industries with respect to all workplace matters, including employee discipline and discharges, reductions in force, affirmative action, employee dishonesty, wage-hour issues, employee safety, collective bargaining, restrictive covenants, union-related matters, trade secrets, policies and procedures, disability, leave and attendance issues, employee compensation and benefits, sexual harassment, and drug testing matters. When litigation cannot be avoided we represent management before federal and state trial and appellate courts and administrative agencies. Our attorneys have extensive experience in litigating discrimination actions, wage-hour practices, medical and other leaves of absence, privacy, employment-related tort and contract claims, and class action and other collective claims. Recent experience includes the following:

• We represented a global company in prosecution of injunction claims against several former employees who began a competing business in violation of non-solicitation and confidentiality covenants in their employment contracts. Following preliminary hearings, the parties entered into settlement negotiations that ultimately resulted in entry of an agreed permanent injunction—without need for any discovery. In non-compete disputes, time is of the essence to protect the company’s business. Wildman Harrold achieved a swift and cost-efficient resolution for its client within 120 days.
• We represented a national retailer in defense of a former employee’s claims of a hostile work environment, sexual harassment, and retaliation. After discovery indicated that factual disputes would preclude summary judgment, we expeditiously moved the case to trial. Following trial, the court entered judgment in favor of our client on all counts. In contemporary litigation of harassment suits, where plaintiffs’ lawyers repeatedly oppose defense counsel who often simply settle cases that cannot be won on summary judgment, Wildman Harrold recognized that trial was the most effective route for our client to prevail.
• We represented a non-profit social service agency in defense of an employee’s collective and class claims for alleged unpaid overtime under federal and state wage-hour laws. Following certain discovery, the class and collective claims were dismissed and the plaintiff employee’s individual claim was settled for a nominal sum. Wage hour collective and class actions can result in multi-million dollar damages and years of disruptive and costly litigation. In this case, Wildman Harrold expediently resolved the issue at minimal expense to the client.
• We represented a major telecommunication company in defense of the union’s unfair labor practice charges arising from its efforts to obtain extensive, highly confidential subcontracting information. Following an evidentiary hearing the National Labor Relations Board upheld and expanded the Administrative Law Judge’s determination that the union was not entitled to the confidential information it sought. In setting new precedent, this decision further protects employers from having to disclose pricing information and other confidential financial details to their unions focusing on highly contentious issues involving subcontractor agreements.