Employer Defense

Experienced Labor & Employment Lawyers for Employers

Employers of all sizes can face lawsuits with the potential for significant financial liability and loss of goodwill. Our attorneys defend employers nationwide in employee lawsuits and related federal enforcement proceedings.

Sooner or later, most employers are bound to face disputes with their employees. Having more employees increases the likelihood of facing employment-related litigation, but it only takes one disgruntled worker to file a claim that can lead to headaches and costly disruptions.

When faced with an employee complaint (or complaints from multiple employees), employers must defend themselves strategically with the assistance of the best employer defense attorney. In business litigation, it often makes sense to go on the offensive, but this type of approach can often embolden employees who feel that their rights have been violated. Taking forceful legal action can also lead to a negative perception amongst other employees and disrupt the company’s internal culture—and, if the dispute is made public through social media, it can become very difficult for the company to correct and control the narrative. However, in some cases employers will have no choice but to take action to protect their finances, shareholders, and staff, and there is often a thin line that must be walked in order to achieve a favorable outcome.

A Team of Senior Attorneys and Former Federal Agents with Deep Experience in Federal Employment Law Matters

Oberheiden P.C. is a team of senior attorneys and former federal agents who represent employers in civil litigation and federal law enforcement matters. We also provide compliance representation, and we work with companies across the country to mitigate their risk of employment-related lawsuits and investigations. With significant experience representing employers in the private sector as well as prior experience investigating and prosecuting federal employment law violations, our employer defense team is uniquely positioned to help companies defend against allegations that have the potential for significant negative repercussions.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

John W. Sellers
John W. Sellers

Former Senior Trial Attorney
U.S. Department of Justice

Local Counsel

Joanne Fine DeLena
Joanne Fine DeLena

Former Assistant U.S. Attorney

Local Counsel

Joe Brown
Joe Brown

Former U.S. Attorney & Former District Attorney

Local Trial & Defense Counsel

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Aaron L. Wiley
Aaron L. Wiley

Former Federal Prosecutor

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (OIG)

Gamal Abdel-Hafiz
Gamal Abdel-Hafiz

Former Supervisory Special Agent (FBI)

Chris Quick
Chris Quick

Former Special Agent (FBI & IRS-CI)

Kevin M. Sheridan
Kevin M. Sheridan

Former Special Agent (FBI)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

Dennis A. Wichern
Dennis A. Wichern

Former Special Agent-in-Charge (DEA)

We Defend Companies Nationwide in Employment Litigation and Federal Enforcement Proceedings

As defense counsel for employers nationwide, we provide representation for all types of employment-related matters. This includes employee-initiated claims and litigation as well as federal enforcement proceedings involving the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Department of Justice (DOJ), and U.S. Immigration and Customs Enforcement (ICE).

Our attorneys and federal litigation consultants have particular experience in the areas of:

Discrimination

Various federal and state laws protect employees against discrimination in the workplace. Allegations of discrimination can take various forms, and they can involve claims against essentially all coworkers, supervisors, and executive leadership personnel. When faced with discrimination allegations, employers need to take the allegations seriously, and they must conduct investigations focused on assessing the veracity of the complaining employee’s claims. When claims proceed to litigation, employers must be prepared to defend themselves using the evidence that is available, and they must be able to achieve a favorable result that protects their bottom line.

Employment Contract Disputes

Employment contract disputes can arise in various contexts, and they can involve a broad range of issues. In most cases, however, these disputes relate to former employees’ right to payment post-termination. We have significant experience representing employers in severance disputes and other contract-related employee lawsuits. Our attorneys can review the employee’s agreement to determine the rights and remedies that have been afforded to both parties, and we can execute a defense strategy that is tailored to mitigating your company’s liability—if not avoiding liability entirely.

Equal Pay Violations

The federal Equal Pay Act entitles men and women to equal pay for substantially equal work. While most employees are familiar with the statute’s basic protections, most are not aware of its nuances and what it truly requires of employers. Equal Pay Act litigation often revolves around factual issues related to different employees’ positions and compensation structures; and, in many cases, avoiding liability for alleged equal pay violations is a matter of demonstrating that a merit-based or other lawful system justifies disparate compensation of seemingly similarly-situated employees.

Family and Medical Leave Act (FMLA) Violations

The Family and Medical Leave Act is another statute that is well known but not well understood by most workers. While the FMLA provides employees with various protections – including the right to unpaid, job-protected leave – its protections are not absolute, and they do not apply in all situations. In particular, employers can terminate employees who are on FMLA leave if the termination is unrelated to their leave of absence. Additionally, while employees are entitled to reinstatement when they return, they are not necessarily entitled to be placed back into their previous employment positions. These are common issues in FMLA litigation for which employers will often have strong defenses available.

Immigration-Related Violations

Immigration compliance is a concern for all employers, though it is certainly a more-significant concern for some employers than others. Employers accused of illegally hiring undocumented workers and failing to maintain strict I-9 compliance can face litigation on multiple fronts, including lawsuits from employees and federal enforcement action by ICE. Our federal defense attorneys and former federal law enforcement agents have extensive experience in these types of matters, and we can defend your company in both types of proceedings.

Wage, Hour, and Overtime Disputes

Wage, hour, and overtime disputes can involve a variety of complex issues under a multitude of different federal and state statutes. These situations call for the best employer defense attorneys who can represent employers in litigation involving organized labor and individual employees, and handle disputes in civil court as well as proceedings before the EEOC and its state-level counterparts. In these matters, companies will often need to be prepared to prove statutory compliance by producing their internal employment policies and procedures, and a proactive, documentation-based defense strategy will produce an efficient and favorable result in many cases.

WARN Act and Other Statutory Violations

The Worker Adjustment Retraining and Notification (WARN) Act and various other federal statutes impose unique burdens on larger employers and employers in certain industries. In addition to representing employers with regard to laws of general or widespread applicability, our attorneys have experience representing employers that are subject to these statutes as well. We have the capabilities to handle multi-district litigation when necessary, and our firm is structured in order to allow our attorneys and federal litigation consultants to efficiently work with companies that have multiple offices and facilities around the country.

Workplace Injuries and Fatalities

Personal injury and wrongful death litigation arising out of workplace injuries and fatalities can lead to substantial exposure if not handled appropriately. We represent employers in all industries in these cases, and our former federal agents are experts in conducting investigations focused on uncovering the facts needed to present a successful defense. We handle federal workers’ compensation claims under the Black Lung Benefits Act (BLBA), the Energy Employees Occupational Illness Compensation Program Act (EEOICPA), the Merchant Marine Act (Jones Act) and other statutes as well.

Wrongful Termination

We represent employers nationwide in wrongful termination litigation. We handle claims filed by employees at all levels of our clients’ organizations, and we have experience successfully resolving wrongful termination disputes involving everything from alleged discrimination to alleged breaches of terminated employees’ employment contracts. As with all employment-related matters, we focus on efficiently achieving a favorable result, but we also maintain a parallel track toward trial so that we are prepared to fully litigate employees’ claims when necessary.

Why Clients Choose Oberheiden P.C. – Employment Lawyers for Employers

Employment disputes can involve substantial liability exposure, and they have the potential to lead to significant reputational harm. So, why should your company choose Oberheiden P.C. for employer defense?

  • We are a Federal Compliance and Defense Law Firm – All of our attorneys have extensive experience at the federal level, and we represent employers with regard to both compliance and defense.
  • We have a Nationwide Presence – Headquartered in Dallas, Texas, our firm has local counsel in offices across the country, and this allows us to serve companies on a nationwide scale.
  • Our Team is Comprised of Senior Attorneys and Former Federal Agents – Our firm is comprised exclusively of senior attorneys and former federal agents, many of whom have 20 or more years of prior experience working for the DOJ and other federal agencies.
  • Our Firm’s Structure Allows Us to Efficiently Represent Employers with Multiple Locations – Due to our unique nationwide presence, we are able to efficiently defend employers that are facing litigation and investigations at multiple locations.
  • Companies Across the Country Rely on Our Attorneys’ Insights and Our Federal Litigation Consultants’ Expertise – From technology companies to healthcare providers, companies across the country rely on Oberheiden P.C. to protect them in employment-related litigation.

Speak With One of Our Employer Defense Lawyers Today

Do you need to speak with an attorney about employer defense? For a free and confidential case assessment with a senior attorney at Oberheiden P.C., call 888-680-1745 or inquire online today.

Employer Defense Attorneys – Labor Lawyers for Employers | Federal Lawyer

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