Employment

Overview

As employment concerns continue to grow in number and complexity, managing business becomes that much harder. Compounding the difficulty, changes in the law carry consequences companies cannot afford to ignore.

Weston Hurd’s Employment attorneys are sensitive to this fact and regularly provide counseling to their clients on personnel and operating policies designed to fit each client’s unique business needs with the goal of avoiding further problems and/or minimizing the burden and expense of litigation.

Attorneys represent their clients during each phase of the employment relationship, including pre-employment testing, hiring, performance evaluations, discipline and discharge – all designed to minimize the potential for employment-related litigation.

Should claims of employment discrimination or wrongful termination arise, the employment attorneys deal constructively with administrative agencies and have been able to resolve such disputes without litigation. However, if an employment matter leads to litigation, the attorneys have substantial trial experience, both jury and bench, and represent clients with passion, integrity and good judgment.

Representative Employment Counseling

  • Drafting or revising employee manuals or specific employment policies including FMLA policies, drug testing policies, no-solicitation and no-distribution policies and ADR policies;
  • Advising employers concerning the hiring and firing of employees, including reductions in the workforce;
  • Counseling employers through all phases of the employment relationship including hiring, discipline, evaluations, last-chance agreements, discharges and separation agreements;
  • Advising employers on compliance with new or changing employment laws including providing supervisory training;
  • Counseling employers on investigating claims of discrimination or harassment including sexual harassment;
  • Assisting employers in complying with wage and hour laws and COBRA;
  • Counseling employers and executives in analyzing, drafting and negotiating individual employment contracts, including retention bonus agreements, non-compete and confidentiality agreements, incentives plans and severance agreements.

Representative Employment Litigation Matters

  • Jury verdicts in favor of employers in wrongful discharge actions in a two-day jury trial in an Ohio court and a three-day jury trial in a Mississippi court.
  • Summary judgment in favor of the employer in a disability discrimination lawsuit.
  • Summary judgment in favor of a national freight company in a sexual harassment lawsuit brought in federal district court.
  • Summary judgment in favor of the employer in a sex discrimination claim brought by a former female security officer under Ohio’s fair employment practices law.
  • Summary judgment in favor of a national convenience store chain in a Title VII action brought by a discharged employee who claimed she was a victim of racial discrimination.
  • Successful representation of a non-profit organization and the president of that organization accused of sexually harassing a high level female employee following a two-week jury trial.
  • Summary judgment on behalf of a national elder care corporation in a disability discrimination case, and successfully won the upholding of the granting of the motion for summary judgment in the Ninth District Court of Appeals.
  • Successful defense of a major commercial real estate developer in an excessive force claim.
  • Defense verdict on an age discrimination claim from a J.A.M.S. arbitrator subsequent to winning a motion to stay/dismiss the matter.
  • Negotiated a multi-million dollar separation package on behalf of an executive of a large, privately-held corporation.
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