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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

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Employment Practices

[03/12] Young war veterans returning home to unemployment
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Case Summaries

ERISA

[03/10] Darvell v. Life Ins. Co. of N. Am.
In an ERISA action regarding defendant-insurer's denial of long-term disability benefits to plaintiff, summary judgment for defendant is affirmed where: 1) it was not an abuse of an ERISA plan administrator's discretion to ignore an opinion when the physician did not provide reliable objective evidence of testing or other proof to support a finding of long term disability; and 2) the plan administrator did not abuse its discretion by using the DOT description of plaintiff's occupation, rather than a description of his actual job duties.

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Workers' Comp

[03/05] Rhine v. Stevedoring Servs. of Am.
In a petition for review of a decision of the Benefits Review Board under 33 U.S.C. section 921(c) of the Longshore and Harbor Workers' Compensation Act, the petition is denied where: 1) a reasonable mind could have concluded that the Pacific Maritime Association Average adequately represented petitioner's annual earning capacity; and 2) the availability of alternative employment was determined by reference to two criteria: the claimant's physical abilities and the economic availability of particular jobs in the market.

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