More than 29 Years Experience, Ready to Work for You

Professional Employment Law Representation

Our experience and commitment to this field allow us to handle the full gambit of labor and employment law matters you may be facing. Whether you are facing harassment; discipline; demotion; discrimination: retaliation; questions or difficulties regarding a medical leave, reasonable accommodation or return to work; denial of raises, promotions or bonuses, or other adverse action in the workplace, it is usually smart to talk to a lawyer about potential problems before “the train hits”. Out attorneys are available to directly address your concerns, and put our many years of experience to work for you. Though the events and "drama" that arise in the workplace can often be confusing and emotionally taxing, our legal team deals with these matters on a daily basis. We can therefore provide you with a level head, as well as an approach geared towards: (1) quickly identifying the root of the specific problem you are facing at work, (2) letting you know where you stand with respect to your legal rights, and (3) disclosing your options and likelihoods for obtaining a favorable outcome, based on past experience and sound legal and practical considerations.

We plead that good legal service starts by alleviating the “ulcer” that comes from not knowing your legal rights, and replacing that with a definitive, smart and practical strategy, moving forward. Sometimes that may involve the resolution of the workplace matter without the direct involvement of an attorney, through “behind-the-scenes” advice and consultation. In other instances, that may involve putting us (your attorneys) up front, to negotiate on your behalf and try to reach a constructive resolution, without the necessity of a legal dispute or contentious litigation. However, when resolution is not feasible, our attorneys will vigorously defend your rights through litigation in the courts. Our pledge to you is that, regardless of the circumstances, we will do our best to provide you with effective, and accessible legal counsel so that you will make educated decisions, with your eyes wide open to all available options.

Our Employment Law Services Include:

Job Transition Counseling – This may include advice/scripting/negotiations with respect to job transfers, promotions, or situations where an employee is confronted with the prospect of downsizing, job elimination, involuntary termination, or firing. It may also involve a situation where our client is simply fed up, and needs an exit strategy from a bad or toxic situation at work. Our primary emphasis here is to either resolve the conflict, or ensure that the client parts ways on the best possible terms, in accordance with all relevant laws, and in a manner that maximizes our client’s financial and career objectives.

Severance Pay/Separation Agreements – This would include situations where the employee is presented with a document or agreement asking him/her to waive his/her legal rights in exchange for money, benefits, outplacement or other compensation. It would also include a situation where an employee is being asked to sign a non-compete, confidentiality agreement, agreement to not reapply with the company, or host of other agreements pertaining to the termination of the employment relationship. Frequently, issues relating to health insurance, pension, pay, commissions, bonuses, reemployment, and the negotiation of a mutually positive employment reference are critical in these situations. Our experience and exclusive focus in this field allows us to address the “big picture”, as well as the fine details involved in reviewing these matters.

Discipline/Performance Improvement Plan Responses – This typically involves the client using our legal advice and insights to respond to disciplinary warnings, false accusations regarding performance, promotion denials, and/or performance improvement plans. These personnel actions are often the first (if not the last) step “out the door” for an employee who fails to respond effectively, or take proactive action. Our emphasis here is on providing appropriate responses and developing sufficient leverage to assist the client to achieve one or all of the following objectives: (1) succeed in meeting/satisfying the challenges presented by the employer, (2) build leverage that may assist the client in obtaining a severance or other successful exit strategy, if necessary, and (3) protecting the client’s good name and reputation moving forward. The key here is to be preemptive in our strategy and take appropriate action as early as possible before the gauntlet drops.

Disability/Medical Leave, Reasonable Accommodation, and Return to Work – Dealing with the quagmire of laws and policies pertaining to disabilities, serious medical conditions, reasonable accommodations, and return to work can be stressful and confusing. The Family and Medical Leave Laws, disability discrimination/reasonable accommodation laws, worker’s compensation laws, and your employer’s short term and long term disability policies may have critical bearing on your continued employment and livelihood, and can often be inconsistent, or even at odds with each other. Our experienced lawyers make every effort to not only be on top of these laws, but to also provide the shrewd, practical advice and strategies often needed by clients who are contending with serious illnesses, disabilities, medical leaves, and return-to-work issues.”

Discrimination/Retaliation/Wrongful Termination Cases – Our state and/or federal laws protect you from harassment, discrimination and/or retaliation because of your age (over 40), disability, medical condition, medical leave, gender, sex, military service, race, sexual orientation, and other protected classes. There are also laws to protect you from retaliation or adverse action because you disclose, or “blow the whistle” on (1) unsafe patient treatment or practices in a medical facility or (2) illicit, fraudulent, or illegal activities by your employer, particularly where such activities involve fraud with respect to tax payer funded/subsidized programs, or the employer’s accounting practices. It is also generally illegal for an employer to retaliate against you because you have raised a complaint about workplace discrimination. Our lawyers can help you to ferret out what is legal, as opposed to what is not, and assist you with any appropriate contacts and correspondence with your employer, settlement negotiations, as well as legal proceedings (if necessary) to achieve your objectives.”

Government Agency Complaints, Investigations, Responses, Mediations, and Hearings: The pursuit of an effective legal strategy may involve the filing of a complaint with the Equal Employment Opportunity Commission (EEOC), the State Equal Rights Division (ERD), the Department of Labor (DOL), or other government enforcement agencies. This is an important strategic decision and should be addressed only after careful evaluation of all potential options. Our lawyers are available to assist the client from start to finish with any claim before the employment law enforcement agencies. This would include advising and assisting you in filing a complaint, responding to agency inquiries, preparing position statements, settlement negotiations, case and damage evaluation, mediation, as well as representation at hearings before agency administrative law judges. In the event you decide to retain legal counsel, we believe it is best to do so as early in the process as possible, since proper decisions (and the avoidance of mistakes) early on, can increase the odds of a positive outcome. It can also bolster the leverage you build to facilitate a mediation or positive out-of-court settlement.

Settlement Negotiations/Mediation/Arbitration – Successful lawyers in the Employment Law field tend to not only be knowledgeable about the law, but also outstanding negotiators. These skills come into play at virtually every stage of an employment case. We believe that our experience, as well as our firm’s philosophy make us among the best of our field at finding, and pursuing fair and successful out-of-court resolutions and settlements, where that opportunity presents itself.

Litigation/Arbitration – We maintain a group of competent, experienced attorneys who recognize that, where necessary, litigation must be pursued aggressively, vigorously, and efficiently. Obtaining information from the employer’s records through aggressive discovery can often help us to evaluate the strengths and weaknesses of your case, assist in the preparation of witnesses, and allow for the best possible preparation for your “day-in-court.” Our lawyers retain the skills and/or experience to litigate employment cases in all available forums, including proceedings before government agencies, as well as the state and federal courts.

For any questions or concerns contact Hynes & Kuhn, today: 262-505-5678