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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

[07/02] YRC, Teamsters end abbreviated week of talks
[07/02] Euro zone unemployment hits 10-year high in May

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Employment Practices

[07/02] YRC, Teamsters end abbreviated week of talks
[07/02] Euro zone unemployment hits 10-year high in May

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Case Summaries

ERISA

[07/02] Fry v. Exelon Corp. Cash Balance Pension Plan
In a dispute involving pension benefits, district court judgment is affirmed where under ERISA an age is the normal retirement age because the pension plan's text makes it so, and thus the statutory language allows employers to vary by contract aspects of pension plans and specify a normal retirement age that may differ from typical retirement patterns.

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Workers' Comp

[06/11] Simpson v. Empire Truck Lines, Inc.
In an action arising out of a truck accident under the Texas Workers Compensation Act (TWCA), judgment for Defendant is affirmed where the driver of the truck was not Defendant's statutory employee under the Federal Motor Carrier Safety Regulations, and thus Defendant was not vicariously liable under the TWCA.

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