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Overview

Calfee’s Labor and Employment attorneys support clients by providing day-to-day employment counseling, defending administrative complaints and representing clients in litigation concerning state and federal discrimination laws, the National Labor Relations Act, the Family & Medical Leave Act, the Fair Labor Standards Act, and workers’ compensation claims.

Additionally, our team provides aggressive, cost-effective defense of claims of wrongful discharge and violations of individual employment rights, and we litigate cases involving noncompete agreements and other restrictive covenants.

 Calfee’s Labor and Employment attorneys represent publicly and privately held corporations, partnerships, and sole proprietorships, including unionized and non-union employers as well as public-sector entities. 

In the union setting, Calfee attorneys represent management in grievances, arbitrations and collective bargaining negotiations. They also provide advice to clients in the context of mergers, acquisitions and other corporate transactions, including potential effects of labor agreements, severance programs, and state and federal plant closing/mass layoff laws. With the continuing challenges presented by the increasing number and complexities of laws affecting the workplace, Calfee’s attorneys provide timely guidance and counsel as to the constantly changing laws affecting the workplace.

Calfee’s Labor and Employment attorneys are committed to addressing workplace-related concerns and disputes that often arise on a moment’s notice. We provide immediate guidance as to termination of employment, alleged sexual and other discriminatory harassment, drugs/alcohol in the workplace, OSHA investigations and other HR concerns. Working with human resources professionals, our practitioners assist clients in avoiding potential liabilities and in maintaining working environments committed to mutual respect and appreciation of individual contributions.

Noteworthy

Calfee was selected for inclusion to the U.S.News–Best Lawyers in America "Best Law Firms" 2019 for Employment Law-Management, Labor Law-Management and Workers' Compensation Law-Employers (Metropolitan Cleveland).

Professionals

Experience

Experience

Labor and Employment Relations

  • Represented employers in lengthy strikes that resulted in union returning to work with contract terms less favorable than employer’s final pre-strike offers; in each case, employer successfully maintained operations during the strike.
  • Prepared comprehensive employee handbooks and developed workplace policies incorporating recent changes in the law.
  • Prepared employment agreements for highly compensated executives involving complex compensation schemes and change in control provisions.
  • Prepared separation agreements by which employees were separated from employment with release of all claims against the employer, while assuring compliance with the requirements of the Older Workers Benefit Protection Act.
  • Represented employer in unfair labor practice investigation, including hearings regarding subcontracting of work, resulting in total victory when court of appeals denied enforcement of National Labor Relations Board order.
  • Counseled clients acquiring the assets of unionized corporations concerning their rights to negotiate terms and conditions of employment consistent with company-wide compensation and benefit schemes.
  • Conducted numerous in-house training seminars for management concerning compliance with all state and federal labor statutes and regulations, union avoidance, sexual harassment, the Family & Medical Leave Act, and other laws governing the workplace. 
  • Prepared employment agreements including nondisclosure, noncompete and nonsolicitation covenants, as well as assignment of inventions complying with federal and state law. 

Discrimination and Workplace-Related Litigation

  • Prepared comprehensive position statements to the EEOC, Ohio Civil Rights Commission and many other state civil rights agencies defending against claims of workplace discrimination, harassment and/or retaliation.
  • Obtained summary judgment in both federal and state court cases involving claims of discrimination, harassment and/or retaliation, thereby avoiding the time and expense of trial.
  • Successfully mediated many claims of workplace discrimination using various Alternative Dispute Resolution procedures. 
  • Obtained reimbursement of legal fees for a client forced to defend against a frivolous claim of national origin discrimination. 
  • Compelled voluntary dismissal of claims of sexual harassment filed against Company and supervisor. 

Arbitrations

  • Successfully defended union’s challenges to terminations and other disciplinary actions with Arbitrators denying grievances after full hearings.
  • Won arbitrations challenging work assignments, policy implementation, subcontracting of work, and new classification rates. 
  • Have obtained TRO, preliminary and permanent injunctions barring former employees from disregarding noncompete and other restrictive covenants, causing employee to resign from or be terminated by competitor. 
  • Filed Declaratory Judgment actions to challenge overbroad or otherwise defective restrictive covenant agreements to allow clients to hire competitors’ employees.
  • Successfully negotiated noncompete disputes to achieve client’s goals while avoiding protracted, expensive litigation. 

Services

Services

Employment Counseling

  • Employment at-will
  • Personnel policies and employee handbooks
  • Employment agreements
  • Discipline, discharge and other personnel actions
  • Mergers, acquisitions, divestitures
  • Workforce restructurings, downsizings, force reductions
  • Post-employment covenants
  • Employment law compliance training

Workplace Discrimination

  • Title VII and state discrimination laws
  • Age Discrimination in Employment Act
  • Americans with Disabilities Act
  • Sexual and other workplace harassment
  • EEOC and state agency proceedings
  • Discrimination and “wrongful discharge” litigation
  • Affirmative action plans, programs and compliance

Labor Management

  • Union avoidance and defense
  • Employee relations counseling
  • Collective bargaining agreement negotiation
  • Proceedings before the National Labor Relations Board
  • Grievance counseling and arbitration
  • Strike contingency planning/security operations
  • Strike injunction litigation
  • Ohio Public Employers’ Collective Bargaining Act
  • Union decertification/deauthorization

Employment Laws

  • Fair Labor Standards Act (wage/hour)
  • Family and Medical Leave Act
  • “Whistleblower” Acts
  • Federal mass layoff/plant closing laws (WARN Act)
  • Trade secret laws
  • Fair Credit Reporting Act
  • Older Workers Benefit Protection Act
  • Drug testing
  • Immigration Reform & Control Act

Resources

News & Events

News

PDF

Practice Contacts

Calfee was selected for inclusion to the U.S.News–Best Lawyers in America "Best Law Firms" 2019 for Employment Law-Management, Labor Law-Management and Workers' Compensation Law-Employers (Metropolitan Cleveland).

Best Law Firms 2019

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