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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
You're Fired - Please Sign Here
(Summer 2011 Firm Newsletter)
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

[04/05]

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Employment Practices

[01/24] Job bias claims at record level
[01/11] Pepsi Beverages pays $3.1M in racial bias case

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Case Summaries

ERISA

[02/01] Muto v. CBS Corp.
In a putative class action complaint brought in New York by Pennsylvania residents against the plaintiffs' former employer and the employer's pension plan for benefits alleged to be due under ERISA, the district court's dismissal of the complaint as time-barred is affirmed, where: 1) the district court was correct in applying New York's borrowing statute directing it to look to Pennsylvania law for the applicable statute of limitations; and 2) plaintiffs' claims were untimely under Pennsylvania law.

[01/26] The DIRECTV Group, Inc. v. US
In a case involving the calculation and payment of segment closing adjustments associated with a corporation's sale of certain business units that included the transfer of defined benefit pension plans, the decision of the United States Court of Federal Claims granting summary judgment in favor of the corporation is affirmed, where: 1) the Claims Court did not err by calculating segment closing adjustments based on the assets and liabilities of the entire segment, rather than only the assets and liabilities that the corporation retained; and 2) the Claims Court correctly determined that the corporation's segment closing obligations could be satisfied by the cost savings realized by the government in the successor contracts.

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Workers' Comp

[01/11] Pacific Operators Offshore, LLP v. Valladolid
In an appeal from a judgment of the appeals court vacating an administrative dismissal of respondent's Outer Continental Shelf Lands Act (OCSLA) claim for benefits as a surviving spouse, judgment is affirmed where a claimant seeking benefits under the OCSLA must establish a substantial nexus between the injury and extractive operations on the shelf.

[12/13] In the Matter of Elrac, Inc. v. Exum
In an appeal from a judgment of the appellate division permitting arbitration of a claim by plaintiff-employee for uninsured motorist benefits, judgment is affirmed because a self-insured employer whose employee is involved in an automobile accident may be liable to that employee for uninsured motorist benefits, notwithstanding the exclusivity provision of the Workers' Compensation Law.

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