The interplay between employer and employee has great potential for conflict. Even employers with a strong commitment to workplace integrity and fairness often innocently run afoul of the law, or face false claims of misconduct.
Susan Nattrass helps employers identify and manage employment litigation risks, her representations include:
· Resolving Workplace Claims and Litigation
· Guiding Employers through the Employment Procedure
· Developing and Setting up Employment Policies and Practices
With an emphasis on creative planning, prevention and aggressive advocacy, she works closely with her clients to defend their rights.
She identifies the uniqueness of each client’s employment issues and crafts customized solutions that ensure compliance with federal, state and local labor laws. She works with companies of all sizes to minimize employment disputes and maximize the employers strategic edge in litigation.
Resolving Workplace Claims and Litigation
Even with well-executed preventive measures, the threat and reality of employee claims and litigation are unavoidable.
When that occurs, our tiered resolution approach seeks to lessen costs and increase results. We look for a pattern in the complaints and carefully gather and preserve all critical evidence while evaluating risk. In our analysis, we consider if a negotiated settlement, mediation, arbitration or trial represents the best way to resolve the dispute.
Experienced in managing employment litigation—Ms. Nattrass aggressively protects her clients’ rights and business interests. She defends employers against claims involving asserted violations of federal, state and local laws including:
· Americans with Disabilities Act (ADA)
· Compensation and benefit disputes, such as garnishment, unemployment compensation, workers’ compensation, stock option plans, and severance plans and agreements
· Contract allegations such as breach of contract, confidentiality agreements and covenants-not-to-compete
· Employment discrimination
· Fair Labor Standards Act
· Family and Medical Leave Act (FMLA)
· Sexual and other unlawful harassment
· Title VII
· Tort allegations including defamation, intentional infliction of emotional distress, invasion of privacy, assault and fraud
· Worker Adjustment and Retraining Notification (WARN) Act
· Wrongful discipline and discharge
Guiding Employers through the Employment Procedure
An important benefit of scrutiny of personnel policies and practices is its role in standardizing the creation, maintenance and severance of the employment relationship.
When clear standards become the guidepost, employers gain the best defense against allegations of unfair or discriminatory conduct. Compliance with federal, state and local laws is a major area of counsel. Areas addressed include:
New Hires. Reviewing job descriptions, advertisements and applications, and advise on the testing, interview and selection process. Uniform evaluation and fair treatment of all applicants ensures the employer hires the best person for the job.
Starting the Job. Guiding on employers’ rights and responsibilities involving employees’ employment eligibility. Other issues addressed include employment contracts, confidentiality and non-compete agreements, and preventing discrimination and harassment.
Performance. From employee evaluations and discipline, to leaves and transfers with stated company procedures, we advise on all the proper steps.
Termination. Whether termination is voluntary or involuntary, principally due to discipline, reductions-in-force or facility closings, our lawyers help with procedures, waivers, releases, severance pay and benefits, exit interviews, records retention and responding to reference requests.
Developing and Implementing Employment Policies and Practices
The cornerstone of her employment law practice is sound counsel on personnel policies and practices that minimize exposure to employee complaints and governmental agency actions before a problem occurs.
Susan Nattrass helps her clients address conflicts in the workplace rather than in the courtroom by providing:
· Timely answer to questions on pressing concerns
· Review existing policies and practices for compliance with laws and regulations
· Develop Affirmative Action Plans in compliance with federal laws, and provide guidance on AAP requirements
· Adjust existing procedures and create new ones as needed
· Ensure that all company policies regulating workplace behavior are clear and enforceable
· Coordinate all employee handbooks, manuals and forms with company policies
· Train supervisors to recognize problems involving attendance, leave, discipline, accommodation, discrimination and harassment
· Educate supervisors on prompt and proper responses to problems
· Help clients in developing and implementing diversity programs in the workplace
Susan Nattrass is available to help employers recognize their objectives and simplify the complex labyrinth of federal, state and local laws regulating the workplace.
