Employment Disputes for Employers
For more than 30 years, I have represented employers in every phase of employment law advice and disputes. From letter demands to administrative charges of discrimination, to arbitration or trials of employment disputes, I have handled hundreds of cases representing management people in employment disputes. I now offer this experience to employers with greater personal focus on each case.
Scope of Claims Experience
Avoiding and defending formal claims of discrimination is difficult work. Mistakes in documentation or statements about the reasons actions were taken can haunt an employer in a later court case. People sometimes fail when their deposition is taken. I have the experience of preparing hundreds of witnesses and handling hundreds of matters. If needed, I will try the case as well.
Every well-advised employer has policies prohibiting unlawful retaliation against people who exercise their lawful workplace rights in good faith by complaining about wrongdoing or asserting the right to be free from discrimination or harassment in the workplace (on all lawfully protected bases). But defending a retaliation claim requires knowing how to prove that these policies were alive and well at the employer.
Wrongful Discharge in Violation of Public Policy (WD) is a potent weapon in the employee advocate’s quiver. The elements of proof can be more nebulous than the Law Against Discrimination. WD brings small employers within the Law Against Discrimination and gives a backup to a statutory claim of discrimination or retaliation with more nebulous elements of proof, which increases the risk for employers. I have handled hundreds of cases alleging WD.
Defending against sexual harassment claims is difficult people work. It is an affront to be accused of unlawful harassment and people often take the accusation hard. You need counsel skilled in advocating whether the conduct alleged can be attributed to the employer and thus result in liability. You need an advocate skilled in preparing witnesses accused of harassing or having looked the other way.
Defending other harassment claims requires all the skills of defending a sexual harassment claim, and a strong knowledge of the law of disability, national origin, race discrimination and more.
I have handled dozens of wage and hour claims, usually joined to discrimination or wrongful discharge claims, involving overtime, commission disputes and allegations of breach of contract.
I have handled many cases involving meal and rest break practices, usually joined to claims of wrongful termination or discrimination. I have handled many cases in which meal and rest break allegations were included on a single or two-plaintiff basis. If your claim involves a class, or more than a handful of plaintiffs, I will gladly make a referral to appropriate defense counsel.
I have handled dozens of cases alleging interference with leave, or retaliation for taking leave, arising under the myriad of laws that give employees the right to be absent or on leave including situations of domestic violence, the illness of the employee or close family members, the birth or adoption of a child, and military service and beyond.
I have also litigated cases asserting enforcement of non-competition and employee confidentiality including issues involving statutory compliance, and reasonableness in time, geographic scope.
Services
For thirty years plus, I have represented employers in court and arbitration claims against employees. This has been my bread and butter in all the areas of disputes listed above.
Being accused of discrimination or violations of workplace law by employees is stressful. But being accused of this by the government brings more stress and raises the stakes. Over the years, I have handled many cases brought by the government against employers, accusing them of various wrongdoing toward employees. I have the steady hand of experience to guide employers through to the best resolution.
Employers need practical, clear advice to navigate employee relations issues, complaints of discrimination, and disputes of every kind in the workplace. I have this experience, informed by my litigation and trial practice. I understand the difference between something being true and something being proven in court. You must prepare for court when you are dealing with employment situations day-to-day. I can help you when these situations become difficult. Prime areas of difficulty are disability accommodation and responding to and properly documenting employee complaints and investigations.
Due to the nature of my practice at Johnsrud Employment Law Advocates, and billing rates and requirements for insurance companies, I am no longer accepting cases upon appointment by insurance companies, and I cannot agree to submit my invoice to insurers directly for their review. The client must be responsible ultimately for my fee at the agreed rate. I seek a direct relationship with my clients.