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EMPLOYMENT LAW

The scope of legislation and court decisions affecting the workplace presents an ever-changing and difficult challenge for employers. An array of state and federal laws intrude on the workplace as never before, creating potential liabilities and pitfalls for the unwary. At the same time, unclear judicial decisions contribute to employers’ confusion about how far the traditional doctrine of employment at will extends. The Employment Law Group is dedicated to guiding employers through the complexities of these issues.

At Moss & Barnett, we believe strongly in the value of prevention. We counsel clients with advice and plans to avoid costly litigation. We offer timely and experienced answers to the difficult employment questions facing businesses every day through preventative services relating to:

  • Affirmative action plans
  • Alcohol and drug testing programs
  • Disability and reasonable accommodation issues
  • Discrimination and sexual harassment management
  • Employee handbooks
  • Employment agreements
  • Executive compensation programs
  • Family and medical leave
  • Non-competition and confidentiality agreements
  • Reductions in force
  • Separation agreements and releases
  • Terminations
  • Unemployment compensation guidance
  • Wage and hour compliance

When contested claims do develop, our trial counsel, experienced in litigating employment claims before state and federal courts and administrative agencies, aggressively represent our clients’ interests. Types of claims regularly litigated by our attorneys include:

  • Breach of duty of loyalty and fiduciary duty
  • Breach of employment contracts and quasi contracts
  • Breach of non-competition and confidentiality agreements
  • Defamation
  • Discrimination (including age, disability, race, national origin, sex and sexual harassment)
  • Employee theft
  • Infliction of emotional distress
  • Injunctions
  • Misappropriation of trade secrets
  • Retaliation
  • Tortious interference with contract
  • Wage and hour claims
  • Whistleblowing

Related Firm News and Articles
ALERTS
(Spring 2009 Firm Newsletter)
Four New Attorneys Have Joined the Firm
(June 2008 Firm Newsletter)
Employment Law Alert: New Laws in 2008
(February 2008 Newsletter)
Preparing for an Avian Flu Pandemic
Firm Newsletter, June, 2006

Related

News Headlines


News

Benefits and Compensation

[02/05] January unemployment rate drops to 9.7 percent
[02/05] Job losses from Great Recession about to get worse

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Employment Practices

[02/05] January unemployment rate drops to 9.7 percent
[02/05] Job losses from Great Recession about to get worse

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Case Summaries

ERISA

[02/05] Battoni v. IBEW Local Union No. 102 Employee Pension Plan
In plaintiffs' ERISA action challenging an amendment to their welfare plan as an unlawful cutback of their accrued benefits under their pension plan, the judgment of the district court in favor of the plaintiffs is affirmed as the amendment violated the ERISA's Anti-Cutback rule, 29 U.S.C. section 1054(g), by constructively amending the pension plan in a manner that decreased an accrued benefit under that plan.

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Workers' Comp

[01/29] Firemans' Fund Ins. Co. v. Workers' Comp. Appeals Bd.
An order of the Workers' Compensation Appeals Board (WCAB) denying Fireman's Fund Insurance Company's petition for reconsideration regarding a stipulation entered into by plaintiff and the California Insurance Guarantee Association in 2001 is annulled and the matter is remanded where: 1) CIGA's stipulations and a subsequently entered order on the stipulations were not a nullity and void; and 2) the WCAB improperly exercised its discretion under the Labor Code section 5803 to set aside the order entered on the stipulations on the ground of illegality and public policy.

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P: 612-877-5000 F: 612-877-5999 Contact us