We structure necessary workforce reductions to maximize financial objectives and minimize exposure to litigation related to:
- Layoff strategies
- Plant shutdowns
- Enforceability and advisability of severance agreements with individual employees
- Employment, executive compensation, non-competition, confidentiality and similar agreements
Our Labor & Employment attorneys defend employers in federal and state court, as well as administrative agencies, regarding all areas of labor and employment law, including:
- Discrimination lawsuits
- Harassment claims
- Wrongful discharge claims and related employment actions
- Employee classification disputes (exempt vs. non-exempt, employee vs. independent contractor)
- Wage and hour actions (collector, class and individual)
- Non-competition agreements
- Misappropriation of trade secrets and efforts by competitors to solicit and hire their employees
- FMLA and other leave claims
- ERISA employee benefit claims
KJK’s Labor & Employment attorneys are well-versed in employment disputes and understand the business and reputational risk associated with employment-related litigation claims. Regardless of the number of employees a business maintains, the reality is that an employment-related lawsuit is likely to occur at some point during the lifecycle of the business. With an increase in harassment, discrimination and wage and hour cases across all industries, it has become evident that businesses may still be vulnerable despite thorough training and onboarding practices.
A disgruntled team member can file employment litigation, even if the claims are baseless, and still cause significant damage to a business’s reputation and financial longevity. Hiring experienced employment litigation attorneys will protect against employment lawsuits and help to preserve your business’s future and reputation.
At KJK, we can help you craft strategies to avoid litigation when possible, including representation during mediation and arbitration. Unfortunately, there are times when an adversarial court proceeding is unavoidable. When an employment lawsuit happens, you want skilled and experienced litigation attorneys on your side.
Know your options:
Alternatives to Litigation
While some cases may require litigation, other options will require less investment in time and resources. If negotiations in the workplace are unsuccessful, a practicing employment lawyer can conduct employment mediation services to help find a resolution. Arbitration is another possible alternative to litigation. It provides the same litigation-style service but is generally faster and less expensive than litigation. At the successful conclusion of mediation, or upon the settlement of an arbitration, the parties enter into a legally binding settlement agreement. If you need additional support, KJK’s Labor & Employment attorneys are prepared to provide support in each of these areas of employment litigation.
Understand the Risks
The Potential Consequences of Employment Litigation
Innocent or guilty, when a business is accused of failing to comply with federal and state law, it can result in substantial damages. Lawsuits that allege the violation of employee rights or discrimination can result in a tarnished reputation, emotional hardships and financial or operational impacts. Partners or investors may pull their support or endorsements. Clients may move their business elsewhere, and the loss of capital due to legal fees can significantly impact long-term financial stability.
Whether you are on the winning or losing side of a lawsuit, the lasting effects on your operational abilities and workplace culture may be detrimental to future success. Employment litigation can force a business to rebuild much of its infrastructure and instill a sense of doubt with shareholders, which is why our team at KJK also offers reputation management services.
Advocating for Employers:
Defense of Fair Labor Standards Act & State Law Class Actions
Some of the most common employment litigation instances are filed in reference to the Fair Labor Standards Act (FLSA). Many of these cases involve wage and hour disputes, as the FLSA establishes federal, state and local employee rights, including minimum wage, recordkeeping, overtime pay and youth employment standards. Businesses that fail to comply with regulations are more prone to individual actions, class actions and collective actions by employees and labor unions.
Whenever you or your company is involved in employment litigation, it is critical to consult with an attorney who can advocate on your behalf and provide counseling on compliance and employment law. An employment litigator can assist with negotiations in collective bargaining and navigate discrimination claims.
If a team member feels that they have been wrongfully terminated or discharged from their position, they may file a lawsuit concerning discrimination or contractual breach. It is also illegal to fire someone in retaliation for acting as a whistleblower or lodging a legal complaint against an employer.
Protecting Proprietary Information:
Trade Secret Protection
It is not uncommon for businesses to succeed because of the unique quality of their products or services and the implementation of trade secrets. During their employment, team members may become privy to proprietary information that could hinder a business’s performance if made public. The Economic Espionage Act of 1996 criminalizes trade theft, while the Defend Trade Secrets Act of 2016 establishes a private civil cause of action for the misappropriation of a trade secret.
Protect your Business:
Non-Compete and Non-Solicitation Enforcement & Defense
Companies often find it necessary to limit the ability of a critical employee to work with a competitor or recruit past clients to their new business. A non-compete agreement prevents former employees from pursuing employment at a competing company within a certain period of time within a specific geographical location. An employee signs this agreement during the hiring process and is held to its requirements after termination. A skilled employment litigator can help enforce this agreement when it is necessary to do so.
A non-solicitation agreement prevents former team members from soliciting clients of their previous employer. Unlike a non-compete agreement, a former employee can seek work within the same industry or geographical location. Particularly within industries that rely on the retention of client lists, a breach in this agreement can cause significant financial impact to a former employer. Knowing how and when to enforce a non-solicitation agreement can be critical to maintaining a stable business and preserving a company’s reputation.
Your Partners in employment Litigation:
Get in touch with our Labor & Employment Attorneys
The employment litigators at KJK have represented companies of all sizes across a variety of industries. Our Labor & Employment attorneys defend employers in federal and state court regarding all areas of labor and employment law. Contact us today to discuss your company’s legal needs.