The Labor and Employment Law Department offers a full range of legal services. Our experienced attorneys have successfully litigated numerous cases in federal and state courts throughout the country. We have extensive experience in defending employers against discrimination claims (age, sex, race, national origin, religion, ADA), wrongful discharge suits, breach of contract claims, OSHA/MIOSHA claims, and FMLA suits. We have also represented clients in restrictive covenant disputes and protection of trade secrets claims.
In addition to defending employment discrimination claims, we have developed a subspecialty in the area of housing discrimination lawsuits pursuant to the federal Fair Housing Act as well as state laws governing fair housing.
Our attorneys are regularly involved in matters before federal and state administrative agencies, including the Equal Employment Opportunity Commission and the Michigan Department of Civil Rights.
In addition to representing clients in litigation, we provide comprehensive services to enable employers to avoid litigation. Our attorneys provide complete employment law counseling and human resource assistance. We counsel and assist clients in drafting personnel policies and employer handbooks, which are vital for employers in order to avoid or limit their exposure to claims for wrongful discharge, sexual harassment or employment discrimination. We also assist clients in drafting disaster plans and other related material.
Further, our attorneys have extensive experience representing clients who have a unionized workforce. We assist employers during negotiation of union contracts, advise clients on issues arising out of the administration of union contracts, and provide representation during proceedings before the National Labor Relations Board and state agencies.
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Equal Employment Opportunity/Discrimination
Our attorneys are experienced in representing employers in all phases of discrimination actions. We provide expert counsel from the initial administrative charges with federal or state agencies through filings in state and federal courts up to, and including, trial, if necessary. We have defended literally hundreds of employers involved in lawsuits covering the full gamut of discrimination claims, including those based on race, sex, national origin, religion, disability, and in Michigan, marital status and weight. We have also successfully defended numerous employers in major class action litigation involving discrimination suits brought by private litigants and the Equal Employment Opportunity Commission. Further, we have significant experience defending sexual harassment claims and claims for harassment based on ethnicity, national origin or religion. In addition, we regularly draft affirmative action plans and policies, as well as assist in affirmative action plan audits.
Wrongful Discharge
We counsel and assist employers in drafting employment policies and handbooks in order to avoid or limit exposure to wrongful discharge claims. When such claims do arise, we vigorously defend our clients - within the confines of good business judgment. We have handled numerous wrongful discharge lawsuits through trial and on appeal. We have been extremely successful in this area - - particularly in disposing of litigation through motions, thus avoiding costly trials for our clients.
Labor Relations
Clients of all sizes and industries regularly turn to us for representation when it comes to their negotiations of union contracts. Our goal is to provide knowledgeable, practical advice to our clients, which allows them to maintain sound, positive employee relations. Often serving as employers' chief labor negotiator and spokesperson "at the table," we believe in careful preparation, courteous relations with union representatives, thoughtful strategy, and patience.
We assist in formulating personnel policies and procedures, wage and benefit programs and employee handbooks. We have attained a reputation for developing innovative programs to help enhance employer-employee relationships, such as binding third party arbitration of discharge disputes for employees not covered by union contracts.
We also provide guidance to clients during union election campaigns, and frequently work directly with managers and supervisors, as well as labor relations consulting firms employed by the client, to help formulate the election campaign. Further, we provide expert counsel with respect to issues arising out of the administration of union contracts. In appropriate situations, we move swiftly to obtain injunctive relief for our clients involved in labor disputes. And when necessary, we also have extensive experience defending clients in proceedings before the National Labor Relations Board and state agencies. Because we make it our business to know our clients' businesses, we have a strong record of success in this area.
Trade Secrets and Restrictive Covenants
We have extensive experience in representing clients in matters involving trade secrets and restrictive covenants, e.g., covenants not to compete. We also advise clients on issues relating to the separation of senior management and the key executives, including related litigation which may involve temporary restraining orders and/or injunctions to protect proprietary information, customer lists and other confidential information. Furthermore, we assist clients with matters involving the misappropriation of company assets and property.
OSHA
The attorneys in the labor and employment department counsel and assist employers subject to federal and state Occupational Safety and Health Acts on all issues related to such Acts, such as implementation of safety programs, right-to-know compliance, defense of citations of employers' workplace conditions and practices and defense of workplace employee accidents and injuries.
Our Clients
Our clients include large and small employers in a variety of industries. Among our representative clients over the past few years are:
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- AutoAlliance International, Inc.
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- Burroughs Payment Systems, Inc.
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- Copper and Brass Sales, Inc.
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- Cranbrook Education Community
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- Delta Dental Plan of Michigan, Inc.
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- Detroit Institute of Arts
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- Entertainment Publications
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- FedEx Ground Package System, Inc.
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- Fujitsu Ten Corporation of America, Inc.
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- Huron Valley Ambulance, Inc.
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- Karmanos Cancer Institute
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- Morgan Stanley Smith Barney LLC
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- Ogihara America Corporation
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- Panasonic Corporation of North America
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- Society of Manufacturing Engineers
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- Strategic Staffing Solutions, Inc.
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- ThyssenKrupp Materials NA, Inc.
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- ThyssenKrupp Steel North America, Inc.
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- United Road Services, Inc.
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- The WW Group, Inc. (Weight Watchers)
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Our Attorneys and Staff
The attorneys and staff in the Labor and Employment Department are dedicated to providing the most professional service available. Our attorneys have distinguished themselves through years of experience as practitioners, and are frequently sought out as lecturers and authors in their field of practice. As an added benefit, we regularly call upon and receive the support of the firm's attorneys practicing in the other practice areas at Honigman Miller Schwartz and Cohn, LLP. Biographical information and other credentials for attorneys of interest are provided under the attorneys section.
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