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It's satisfying for a company to win an employment lawsuit, but it's much better for the company to not get sued in the first place. And when it comes to employee relations, we know from long experience that what is actually true is not nearly as important as what employees perceive to be true. We assist our corporate clients in creating a workplace culture that minimizes the chances of claims and lawsuits arising by developing and implementing policies and procedures that foster perceptions of fairness and consistency. Our advice about such issues as recruiting, hiring, compensating, communicating with, disciplining and discharging employees can help create and maintain a loyal, capable and satisfied workforce. We offer training for all layers of management, from chief executives down to the first-line supervisor, about key employment law concepts in such areas as employment discrimination, workplace harassment, and union organizing, so that your management force understands and appreciates the ways in which they can personally contribute to the avoidance of workplace risks and costs.
When employment-related charges or lawsuits do arise, we offer a vigorous defense in all possible forums, from the local, state and federal courts to local, state and federal administrative agencies and the dispute resolution alternatives of mediation and arbitration. We defend against all forms of employment-related claims, including claims under the anti-discrimination laws (such as race, age, gender, national origin, religion, disability, military status, harassment, retaliation and whistle blowing), the workplace standards laws (such as wage and hour, family and medical leave, and pension and benefits), and the employment tort laws (such as wrongful discharge, infliction of emotional distress, and fraudulent misrepresentation). We analyze the strengths and weaknesses of cases to determine whether the best strategy is an attempt at early settlement or the most aggressive of defenses. And should the dispute escalate into the appellate courts, we have substantial experience and success in those arenas as well. We are often selected by employment practice liability insurers to represent their policyholders involved in employee-instigated litigation.
We assist our unionized and non-union clients in all aspects of traditional labor relations. For our non-union clients, we train managers and supervisors in how to lawfully remain that way by communicating to employees the harm that union organizing brings and by developing habits that will keep unions from gaining a toehold in the workforce. When active organizing campaigns occur, we guide and direct our clients through the process, including hearings and election proceedings before the National Labor Relations Board. For our clients that are already unionized, we assist them with all aspects of that relationship, including collective bargaining, grievance and arbitration proceedings, contract administration, picketing, boycott and strike activity, and unfair labor practice and other union-related litigation.
For those clients that are required by law to engage in affirmative action and maintain written affirmative action plans, we advise clients on those obligations, and we collect and maintain the necessary data and create and update the plans tailor-made to the client. We also represent clients in the process of being audited for compliance with their affirmative action obligations by the U.S. Department of Labor's Office of Federal Contract Compliance Programs.
When an employee walks out the door with the ability to compete unfairly, that employee walks out with your investment. We advise businesses about protecting confidential and proprietary information and trade secrets, crafting enforceable covenants not to compete, preventing customer and employee solicitation, and preempting and redressing breaches of an employee's duty of loyalty. We have developed employment contracts, restrictive covenants, and separation agreements that protect businesses from unfair competition and forestall potential litigation. We aggressively pursue former employees who flaunt their obligations, in many cases achieving success without resort to litigation.
While Irvin & Kessler LLC is primarily a defense firm representing corporate clients in labor and employment law matters, we also accept representation of executives and other individuals in the process of negotiating employment contracts and separation agreements or defending against unfair competition claims. We also accept representation of select individuals to help them get fair treatment with their work-related issues. Our ability to represent such individuals effectively, sometimes as plaintiffs, allows us to better anticipate tactics used against employers and better represent and defend our corporate clients.
The workplace teems with a host of issues, including those already discussed as well as such issues as substance abuse prevention and testing programs, COBRA and WARN compliance, proper investigation techniques for employee complaints, the limited use of polygraph examinations, effective and legal employee handbooks and personnel forms, reductions-in-force and plant closings, workplace safety issues, credit report issues, recordkeeping requirements — the list goes on and on. We effectively and efficiently advise and assist our clients in all these areas. If you have an issue or question about anything related to your workplace, we can help.
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