Labor & Employment
Wicker Smith Labor & Employment attorneys understand the ever-changing regulatory landscape that affects your business operations. We represent and counsel our clients on relevant state and federal labor and employment laws and regulations, defend them from lawsuits and charges of discrimination, and help them navigate employee contract issues, reductions in force, and leave and accommodation requests.
Using a pragmatic approach, we provide innovative solutions that are tailored to minimize your exposure and to solve issues when they arise. Our attorneys regularly counsel and defend employers in the following areas:
- Discrimination Claims: We defend employers before administrative agencies like the EEOC and in state and federal court in cases involving allegations of discrimination or retaliation based on race, gender, age, disability, religion, or other protected characteristics under laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).
- Employment Contracts and Restrictive Covenants: We draft and update employment contracts across a broad range of industries. We also counsel and litigate disputes regarding potential violations of an employee’s non-compete, non-solicitation, or confidentiality agreement, and violations of state and federal trade secret laws.
- Wage and Hour Disputes: We counsel and defend employers regarding claims for unpaid wages, overtime, minimum wage violations, and worker misclassification under the Fair Labor Standards Act (FLSA) and state laws.
- Harassment: We defend employers in lawsuits related to sexual harassment or hostile work environments and provide assistance with internal investigations into potential claims of harassment or hostile work environments.
- Title II and Title III Accessibility Claims: We defend companies facing lawsuits over the accessibility of their physical workplace or website.
- Reductions in Force: We counsel employers through reductions in force, layoffs, or mass terminations to ensure compliance with the WARN Act and minimize risk of litigation.
- Leave and Accommodations: We help employers navigate the complex regulatory framework concerning requests for leave or accommodations under various state and federal laws.
Favorable Resolution of a Compensation Dispute
Plaintiff sued our client and another party in arbitration over an alleged failure to pay the Plaintiff deferred compensation allegedly owed to him. We settled the case as to our client, but it remains ongoing against the other party.
Worker’s Compensation Retaliation Claim Resolved Prior to Litigation
We represented the interests of a locally owned florist shop in a matter in which claimant alleged wrongful termination as a result of her making a worker’s comp claim. We engaged with her counsel and resolved the matter before it ever went into litigation.
Provided Counsel on a RIF Issue
We provided advice and counsel to a local cleaning company on how best to handle a large-scale reduction in force at a plant that had to be closed.
Representation of a National Trucking Company in a Wrongful Termination Suit
Plaintiff was constructively discharged from his position at our client’s trucking company and subsequently filed suit, alleging discrimination based on his age and disability status. The case was resolved favorably for all parties in the early stages of litigation.