Employment disputes can involve a broad range of issues, and they can create substantial liability exposure for employers. In today’s world of social media, employers can also face significant reputational harm if they do not respond to employees’ allegations appropriately.
Employment disputes present risks for employers of all sizes. From work injury claims to allegations of discrimination and harassment, employees enjoy a number of statutory rights that allow them to pursue claims against their employers under a broad range of circumstances.
For employers, dealing with employment disputes involves challenges that are unique from those presented by other types of business litigation. From mandatory participation in administrative hearings to the risk of internal backlash if the company takes a firm stance against an employee’s complaint, there are numerous complex challenges and strategic considerations involved in defending against employee claims.
Federal Defense Counsel for Companies Facing Employment Disputes Nationwide
At Oberheiden P.C., we defend employers nationwide in all types of employment-related disputes and litigation. We represent employers of all sizes in all industries, and we handle matters involving contract employees, at-will employees, and organized labor claims. As a federal compliance and defense law firm, we are particularly experienced in matters involving employees’ statutory rights under federal law; however, we are experienced in state-level employment litigation as well, and our senior attorneys can defend your company regardless of the issues and allegations at hand.
If your company needs defense counsel for an employment-related dispute, here is what you need to know about Oberheiden P.C.:
- We focus our practice on federal compliance and defense. We represent employers nationwide in all aspects of federal employment law compliance and defense of federal employment law claims.
- We only employ senior attorneys. All of our attorneys have senior-level experience, and this allows us to serve as strategic advocates and advisors for our clients immediately from the outset of our engagement.
- We affiliate with local employment law counsel around the country. We affiliate with local counsel around the country who are able to provide representation in state and federal employment disputes in local jurisdictions as necessary.
- We have former FBI agents available to investigate your employees’ allegations. We have former Federal Bureau of Investigation (FBI) agents available to investigate your employees’ allegations and gather the evidence needed to defend your company successfully.
- Our results (and our clients) speak for themselves. With thousands of cases handled across the country, we are proud to let our results (and our clients) speak for themselves.
We Represent Employers in All Types of Employment Disputes and Litigation
Our employer defense practice encompasses all types of employment-related claims. We represent employers nationwide in private dispute resolution efforts, administrative proceedings, alternative dispute resolution (ADR), and state and federal litigation involving:
Sexual Harassment in the Workplace
Sexual harassment claims require immediate internal corporate investigations followed by decisive action based on the facts at hand. If any of these facts are in dispute and cannot be affirmed or disaffirmed through the investigative process, then the employer should structure its defense accordingly. While employees have the burden of proof in workplace sexual harassment claims, if the allegations are made public then the company may need to prove its innocence (or, at a minimum, its good-faith response) in order to avoid significant reputational harm.
Federal Discrimination Claims
Multiple federal laws prohibit discrimination in the workplace. These laws apply to the recruitment, hiring, promotion, discipline, and termination of employees, and they offer remedies including damages, reinstatement, and protection against retaliation. We represent employers in all types of federal discrimination claims, including (but not limited to) those under the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Genetic Information Nondiscrimination Act (GINA), and Title VII of the Civil Rights Act of 1964.
State Discrimination Claims
In addition to federal anti-discrimination laws, many states have adopted anti-discrimination statutes that offer protections to other identified protected classes of employees. Our in-house attorneys and affiliated local counsel are available to handle state-law claims involving allegations of employment discrimination on the basis of gender identity, sexual preference, and other personal characteristics in states across the country.
Workers’ Compensation, Personal Injury, and Wrongful Death
Liability claims involving work-related injuries and fatalities can become extraordinarily expensive if not handled appropriately. We defend employers in claims for workers’ compensation benefits, compensatory damages, and punitive damages involving all types job-related accidents and exposure events. This includes claims filed by employees and their families involving falls, fires, explosions, auto accidents, chemical and gas leaks, and other injury and mass-casualty events.
ERISA Disputes and Litigation
The Employee Retirement Income Security Act (ERISA) is another federal statute that provides significant protections to employees. However, these protections have their limits, and employers will often have strong defenses against their employees’ ERISA-based claims. We represent employers in civil litigation under ERISA, and we provide defense representations for federal law enforcement investigations under ERISA as well.
FMLA and FFCRA Claims
The Family and Medical Leave Act (FMLA) entitles employees to unpaid job-protected leave in order to care for themselves or their loved ones who have qualifying health conditions and who wish to stay home in order to care for their newborn children. The Families First Coronavirus Response Act (FFCRA) extends the FMLA’s protections to cases involving actual or suspected COVID-19 diagnoses, and it provides paid job-protected leave for qualifying employees. Litigation involving employees claims for job-protected leave is common, and typically arises out of either (i) an employee’s failure to provide adequate documentation of statutory eligibility, or (ii) an employee’s allegation that his or her job was not adequately protected.
Wage, Hour, and Overtime Claims
Wage, hour, and overtime claims can involve the federal minimum wage law, the Equal Pay Act, and various other federal and state employee compensation statutes. Organized labor claims (i.e. union claims) are common in this area as well. At Oberheiden P.C., we defend union and non-union employers against claims alleging miscalculation of ordinary and overtime pay, misclassification of exempt and non-exempt employees, payment of less than the minimum wage, and other wage, hour, and overtime violations.
Employment Contract Disputes
We represent employers in employment contract disputes involving all claims by and against employees. This includes disputes resolved through settlement negotiations, mandatory mediation or arbitration, and litigation in court. By their nature, these disputes frequently arise after (or at the time of) termination of employment, and specific issues can range from the scope and enforceability of customer non-solicitation covenants to employees’ rights to severance compensation.
Employee vs. Independent Contractor Classification
Employers accused of misclassifying their employees as independent contractors can face liability in civil litigation and federal enforcement proceedings involving the Internal Revenue Service (IRS) and other agencies. Disputes frequently arise when workers claim that they have been misclassified as independent contractors, and therefore denied access to workers’ compensation, Social Security, and other employment-related benefits.
Immigration-Related Employment Matters
Employers can face civil liability (and the potential for federal criminal prosecution) for a variety of issues in the area of immigration compliance. We defend employers accused of unlawfully hiring undocumented workers, underpaying immigrant workers, I-9 compliance issues, and other violations. As a federal compliance and defense law firm, we also assist employers with meeting their obligations under the Immigration and Nationality Act (INA) and other pertinent federal statutes, and we provide representation for federal investigations targeting immigration-related violations as well.
Employee whistleblower claims can lead to substantial liability exposure for employers that do not promptly initiate and execute effective defense strategies. We have extensive experience representing companies in federal whistleblower litigation, including litigation involving relators who are current and former employees.
Anti-discrimination statutes, workers’ compensation statutes, whistleblower statutes, and other federal laws protect employees against retaliation, and they impose additional liability for employers that retaliate against employees who assert their statutory rights. In these cases, asserting a successful defense is often a matter of demonstrating a plausible valid business reason for the adverse employment action taken against the complaining employee.
Misappropriation of Company Assets
When current or former employees misappropriate company assets, the company’s response should be swift, and it should be focused on recovering and protecting the misappropriated assets to the fullest extent possible. We represent employers in cases involving embezzlement and diversion of company funds, theft of company intellectual property (IP), employee hacking, and other issues.
NDA, Non-Compete, and Non-Solicitation Litigation
We also represent employers in litigation involving the enforcement of nondisclosure agreements (NDAs), non-competition and non-solicitation agreements, and other contractual protections. Employers have a legitimate interest in protecting their confidential and proprietary information, and the law provides clear mechanisms for addressing and remedying current and former employees’ misconduct.
Speak with an Employer Defense Lawyer at Oberheiden P.C.
If your company needs litigation counsel for an employment-related dispute, we invite you to schedule a free initial consultation with a senior defense attorney at Oberheiden P.C. We represent many employers in litigation on an as-needed basis, and we serve as ongoing compliance and defense counsel for companies across the country as well. To speak with an attorney at Oberheiden P.C. as soon as possible, call 888-680-1745 or tell us how you would like to be contacted online now.