Employment Litigation

Litigation has become an unfortunate fact of life for most employers. We represent management in all aspects of employment litigation and appellate advocacy. We defend individual and class-wide employment discrimination claims before federal and state courts and administrative agencies throughout the United States arising under Title VII, the Civil Rights Act of 1991, the American with Disabilities Act, the Age Discrimination in Employment Act, and similar state statutes or local ordinances. We have equally extensive experience representing management in other employment-related litigation including defense of express or implied employment contract claims, wrongful discharge actions, ERISA claims, business or employment-related torts (such as negligent hiring or supervision, emotional distress, or interference with business relationships), enforcement of restrictive covenants and trade secret claims.

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Union-Related Matters

We represent both private companies and public institutions in all aspects of the union-management relationship, including union organizing campaigns, collective bargaining, State and National labor board proceedings and grievance arbitration. We take great pride in our ability to creatively resolve workplace disputes without work stoppages or litigation. We also have an established reputation representing employers in strike-related matters including mass picketing or violence injunctive proceedings, mediation, and impasse proceedings. In collective bargaining, we help our clients formulate specific negotiating objectives and a strategy to achieve those objectives. We understand that conducting tough, but fair, negotiations is the best way to set the tone for a productive workplace. We also provide our non-union clients with the legal strategies designed to maintain the flexibility and productivity of a union-free environment.

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General Employment Counseling

The "alphabet soup" of employment statutes, such as FMLA, COBRA, IRCA, WARN, ADEA, OWBA, FLSA, and others, requires a resource like Franczek Sullivan to help simplify issues and develop common-sense solutions that minimize legal risks. The proliferation of statutes, ordinances, and court decisions impacting the workplace mean that even the most mundane employment decisions potentially carry significant legal consequences. We are uniquely positioned to counsel employers regarding all employment matters.

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Employee Benefits

Franczek Sullivan offers a full range of employee benefits expertise including benefit plan design, drafting and reviewing of plans, multi-employer plan representation, bargaining with unions over benefits, and representation in benefit claims and benefit-related litigation. We are experienced in all matters related to the qualification, design and administration of defined benefit and defined contribution pension plans, as well as non-qualified plans and executive compensation vehicles.

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Workplace Safety

Issues related to workplace safety, such as workplace accidents, toxic substance exposure, government closure or disruption of operations, and the employer's obligation to implement safety and health rules with or without union cooperation, represent an increasing concern to all employers. In addition to the Occupational Safety and Health Act of 1970 (OSHA), and the occupational safety and health laws of the individual states, more than 10,000 regulations affect workplace activities carried on every day by millions of employees. We represent clients in all aspects of OSHA law including counseling, compliance proceedings, trial and appellate work, and advocacy before legislative bodies. We also act as crisis managers for situations involving loss of life or other catastrophic events in the workplace.

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Trade Secret Protection and "Employee Raiding" Disputes

In today's "information" economy, a company's most important assets consist of talented employees and the information and knowledge that gives your organization a competitive advantage. Employers increasingly are resorting to litigation when competitors hire away or "raid" key personnel. We help your organization protect its most important assets by devising legal strategies that maximize employee and information retention. We can also help minimize litigation risks that may arise during the hiring process. Our attorneys have extensive experience representing both plaintiff and defendant employers in "employee raiding" disputes involving claims of employee trade secret misappropriation, fiduciary duty breaches, and breaches of non-solicitation and non-compete agreements.

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