Labor & Employment

Jorden Burt provides its clients with the highest caliber legal services in all facets of labor and employment law. Jorden Burt's Labor and Employment Practice Team are highly skilled attorneys, armed with the most cutting-edge knowledge to provide expert legal advice and representation to employers of all sizes in both the public and private sectors. Our clients are large, mid-size and small employers in the financial services, manufacturing, construction, health care, energy, not-for-profit, academic and service sectors. In addition to serving the needs of our private sector clients, Jorden Burt's attorneys boast a distinguished record of service to many public sector institutions, including state governments, municipalities, school boards and quasi-governmental corporations.

Dedicated exclusively to the interests of employers and management, the attorneys of Jorden Burt's Labor and Employment Practice Team have extensive experience in the areas of:

• litigation and alternative dispute resolution, including mediation and arbitration;

• sexual harassment and workplace violence counseling and prevention;

• disability and reasonable accommodation related matters;

• internal investigations coordination and management;

• employee relations issues;

• corporate compliance and defense of government audits;

• personnel decisions, such as hiring, screening, discipline and termination;

• representation and counseling on competitive hiring issues;

• personnel manuals, handbooks and workplace policies;

• management training on federal and local labor laws and employment practices;

• affirmative action compliance and reporting;

• employee benefits and ERISA issues; and

• collective bargaining and negotiation.

LITIGATION AND DISPUTE RESOLUTION

Jorden Burt's employment litigators assess and evaluate cases on an individualized basis, providing an analysis and strategy for dispute resolution that is consistent with that client's goals and objectives. Early assessment of the risks and rewards of prompt settlement versus vigorous defense enables our clients to make well-informed decisions for the most efficient and effective course of action. With focused attention and aggressive litigation techniques, our attorneys have earned a reputation for delivering exceptional results.

Our labor and employment attorneys regularly represent and defend the interests of employers and management in litigation matters involving claims of employment discrimination of all kinds, sexual and other types of harassment, retaliation, wrongful discharge, whistleblower, wage and hour disputes, family and medical leave, breach of contract, emotional distress, negligence and a variety of other claims. The Firm's well-seasoned attorneys have appeared before state and federal courts, state human rights agencies, the Equal Employment Opportunity Commission, the National Labor Relations Board, and a variety of administrative tribunals.

In addition, Jorden Burt is one of the nation's preeminent class-action defense firms. With a depth of experience that few other firms can match, Jorden Burt offers its clients unsurpassed ability and resources to defend employment class-actions and other complex litigation matters.

COUNSELING, TRAINING AND RISK AVOIDANCE

Although adept at dispute resolution, Jorden Burt's attorneys also strive to counsel and train employers on the most effective practices for litigation avoidance. Labor and employment laws are everchanging and vary by locale. We stay abreast and keep our clients informed of the latest developments in labor and employment law related areas. By working as a team with our clients to ensure compliance with the myriad and ever changing landscape of employment laws governing the workplace, we limit and sometimes completely avoid exposure to liability in costly lawsuits and government audits.

With this goal in mind, Jorden Burt's employment attorneys devote a significant amount of their time and efforts to reviewing and advising our clients on their employment policies and practices, which includes assistance with drafting and implementing employment policies and procedures, preparing employment agreements, and training supervisors, managers and human resource professionals on employment law compliance. Because each business is different, our services are specifically tailored and geared toward the individual needs of each client. Our risk assessment program is aimed at preventing lawsuits and reducing employer liability if litigation is unavoidable.

INTERNAL INVESTIGATIONS AND EMPLOYEE RELATIONS

Despite training and counseling, some problems are unavoidable. How quickly an employer responds to problems in the workplace, and how effectively it remedies the issue, frequently determines whether a lawsuit is filed. Prompt, effective solutions can avoid exposure to liability altogether, while a slow, ineffectual response can sometimes result in an award of punitive damages.

Guiding our clients and providing them with advice to take maximum advantage of that brief window of opportunity that exists to address workplace problems, is where Jorden Burt's labor and employment attorneys stand out. Jorden Burt clients have easy access to our labor and employment attorneys, dramatically reducing the likelihood of a lawsuit. In addition to providing our clients with the highest caliber litigation and trial services, Jorden Burt's employment attorneys counsel the most effective practices for litigation avoidance.

CLIENT HIGHLIGHTS

• Advised reinsurer in reduction in force and drafted release documents.

• Advised life company on acquisition of agents from competitor.

• Successfully defended broker/dealer before state department of labor in a dispute over classification of its financial representatives as independent contractors instead of employees.

• Negotiated complex separation agreement for high-level officer of world-wide luxury hotel, casino and resort developer.

• Obtained injunctive relief and money damages for large life company in case where departing agent stole trade secrets and manipulated or destroyed electronic data.

• Counseled financial services firm on classification of employees and independent contractors.

• Helped international manufacturing company downsize and close one of its U.S. plants. Represented same company in investigating copyright piracy and theft of IT software and equipment by corporate employees.

• Successfully defended municipality and obtained favorable jury verdict and summary judgment against claims of discrimination by eight municipal employees.

• Won summary judgment for Fortune 50 pharmaceutical company in breach of employment contract case.

• Obtained summary judgment for Fortune 50 package delivery company in case under state drug testing laws.

• Obtained dismissal of professor's whistle blower claims made to the Nuclear Regulatory Commission against a state university.

• Obtained dismissal at EEOC and states' human rights commissions of discrimination claims against numerous clients.

• Successfully defended publicly traded auto retailer against threatened collective action under the FLSA.

• Obtained a favorable defense jury verdict following the one-week trial of an Americans with Disabilities Act (ADA) action for a major insurance company.

• Obtained federal district court summary judgment in age discrimination complaint filed by a former senior executive of a major insurance company; the decision was affirmed by circuit court of appeal.

• Obtained summary judgment on a claim by a former senior executive of a major insurance company seeking severance benefits.

• Negotiated favorable settlement for construction industry client in age discrimination class action following a reduction in force.

• Obtained a dismissal by the National Labor Relations Board (NLRB) of unfair labor practices and charges of retaliation asserted by faculty members of a South Florida University.

• Work with numerous insurers to provide defense services under D&O and EPL programs.