We proactively collaborate with employers to develop practical employment policies and strategies intended to comply with federal and Michigan employment laws, as well as to avoid or minimize the risk of employment lawsuits or charges of discrimination by state and federal employment agencies. We also routinely work with employers to investigate workplace misconduct and claims of discrimination or harassment. And if a discrimination claim has already been filed, we are experienced in defending employers against employment lawsuits or state and federal agency charges of violating discrimination and other employment laws.
Our employment law compliance services include:
Drafting employee confidentiality, invention, and non-competition agreements;
Drafting social media, email, and technology policies that minimize risks, including Internet defamation, disclosure of confidential information, and inadvertent or unenforceable contract formation;
Reviewing employment policies and procedures to ensure compliance and to recommend “best practices” to reduce the risks of employment litigation;
Drafting and advising on non-compete agreements;
Drafting employee handbooks, manuals and technology policies or to update existing HR policies and procedures to ensure legal compliance with current state and federal law or in advance of emerging trends;
Investigating suspected employee misconduct, including wrongful conduct involving computers and the Internet and investigating such conduct while related criminal charges against current and former employees were being pursued by state and federal authorities; and
Providing supervisor, manager, and employee training on various topics, including sexual harassment and discrimination.
If litigation is necessary, we provide our business clients with the state and federal trial experience to defend your interests. This employment litigation experience ranges from claims under Title VII of the Civil Rights Act, Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), Persons with Disabilities Civil Rights Act (PDCRA) and the Americans with Disability Act (ADA), retaliation and whistleblower claims, sexual harassment, reverse race discrimination, Age Discrimination in Employment Act (ADEA), Family Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA), as well as trade secret misappropriation claims, breach of non-compete agreements, and negligent hiring claims.
Our attorneys also assist and often take the lead to investigate employee misconduct, workplace violence issues, and computer or Internet misconduct. Our employment law attorneys have also successfully worked with employers having to respond to situations where criminal charges against current and former employees were being pursued by state and federal authorities.
HR & Employment Law Merger and Acquisition Due Diligence Services
Our employment law attorneys also provide merger and acquisition due diligence services. These services are provided by our employment attorneys and focus exclusively on the human resource and employment elements of a business. In our experience, when it comes to selling a business the value can be significantly affected by employment law and personnel issues. In fact, often the potential for a discrimination claim or uncertainty as to the enforceability of non-compete restrictions often drive down the value of a business by multiples of hundreds of thousands of dollars.
We work with sellers to improve the value of their business by assessing their personnel and HR policies, employment agreements, sales representatives and non-compete agreements, and trade secret protections. With this assessment, buyers can then address employment and personnel shortcomings that a potential seller would likely discover in evaluating the health of the business. For sellers, our goal is to identify hidden employment law and personnel risks and liabilities that erode the value of the business.
Responding to Federal or State Agency Discrimination Charges
We provide employers with a cost-effective solution for proactively managing agency discrimination charges filed with the Equal Employment Opportunity Commission or Michigan Department of Civil Rights. Our team of employment attorneys provide clients with aggressive advocacy at all agency hearings and negotiations and work with witnesses to prepare for interviews.
Our agency charge team of employment attorneys are committed to defending employers against charges of harassment, discrimination, retaliation and other employment-related issues pending before the EEOC and the Michigan Civil Rights agency. Our agency team includes a network of experienced attorneys focused on strategically and efficiently responding to administrative discrimination charges throughout Michigan. The agency team is coordinated by Jason Shinn who has represented employers in state and federal employment litigation claims since 2001.
How your company’s charges are handled at the investigation stage often determine the course of future litigation risks. One of the benefits our team approach offers employers is a wealth of experience to serve as a critical early-warning system for indications that the EEOC has targeted your claim for closer scrutiny.