Employment

We represent large and small businesses on employment litigation matters, and we help businesses create employment policies, procedures and processes that protect employers from legal complications. Our firm boasts one of the largest employment groups in the State of Utah, representing companies that have simple to complex employment situations.

Employment & Labor Law

We provide local, regional and national employers with a range of employment law services. Our lawyers advise business clients on many types of employment-related issues. We are often called upon to draft employee handbooks, company policies & procedures, applications, employment contracts and severance agreements. We give training on employment issues and conduct employment practice audits. Our lawyers consult with employers regarding employee complaints, violations of company policy and proposed disciplinary actions. We represent employers in employment-related administrative proceedings and federal & state court litigation.

ADA & Disability Accommodation

The Americans with Disabilities Act (ADA) presents employers with difficult issues. Our attorneys have worked with employers to resolve these issues, provide guidance regarding their obligations under the ADA, defend claims of alleged violations of the ADA and recommend how to avoid such claims.

Employment Litigation

We represent employers before state and federal trial and appellate courts and administrative agencies in lawsuits and proceedings involving employment-related claims. We have successfully defended and prosecuted a variety of employment cases for employers.

Dispute Resolution

Dispute resolution can be a valuable alternative to litigation. Mediating or arbitrating employment-related claims can reduce litigation costs, resolve claims more quickly, and maintain and improve relationships. We have experience advising and representing clients in dispute resolution settings. In addition, we have trained mediators and arbitrators who can provide unbiased resolutions to disputes. Regardless of the dispute setting, our attorneys can help employers protect and advance their interests.

Immigration

We regularly assist United States companies recruiting foreign personnel in obtaining appropriate visas. We have successfully represented a variety of companies and individuals in securing temporary employment authorization pursuant to L-1, H-1B and E-1/E-2 visas and have assisted companies and individuals to obtain permanent resident visas based upon employment. We also handle matters before the Immigration and Naturalization Service.

Non-Competition & Confidentiality

We represent employers seeking to enforce non-competition covenants and confidentiality agreements. We have vast experience obtaining restraining orders, injunctions and other relief against former employees using confidential client lists, trade secrets and other privileged information.

Preventive Counseling

By working closely with employers to address employment issues before they become problems, we can help employers save time, trouble and money. We advise employers regarding proper pre-employment interviews and inquiries, hiring, supervision, layoffs, discipline, terminations, family and medical leaves, employee benefits, compensation, handbooks, policies, contracts, training and complaint investigations. We often provide employers with training for managers, supervisors, employees and human resource professionals on employment-related topics.

Privacy & HIPAA

We advise employers about the Health Insurance Portability and Accountability Act (HIPAA) and other privacy laws. We help employers develop and implement privacy policies to prevent complaints and lawsuits based on privacy laws and regulations.

Reductions in Force

We advise employers about reductions in force and layoffs. We counsel employers about compliance with the Work Adjustment and Retraining Notification (WARN) Act and the Consolidated Omnibus Budget Reconciliation Act (COBRA).

Sexual & Other Harassment Claims

We have successfully defended employers against sexual and other harassment claims in courts and administrative proceedings. We also work with employers to develop policies and procedures to prevent harassment from occurring in the workplace and to take appropriate action if a charge or complaint is received. We provide training, investigations and advice regarding policies and procedures employers must adopt to protect themselves.

Wage & Hour Guidance

Our team advises employers on issues related to the Fair Labor Standards Act, including designation of exempt and non-exempt employees, payment of overtime, appropriate record keeping, and creating policies and procedures to avoid claims. We also help with Department of Labor audits and claims for overtime pay.

Discrimination & Unlawful Retaliation

We help employers defend and avoid discrimination and unlawful retaliation claims. We represent employers in lawsuits alleging claims of discrimination based on race, color, religion, sex (including pregnancy), age, national origin and disability, as well as claims of unlawful retaliation. We also advise employers how to avoid such claims by implementing appropriate policies, training their employees and creating dispute resolution procedures.

Wrongful Discharge Claims

Employers often need to defend themselves against wrongful termination claims based on implied and express contracts, statutory provisions and “public policy,” as well as claims for negligent hiring, training, supervision and retention. We are experienced and prepared to protect companies against such claims.

Unemployment Compensation Claims

We advise employers on unemployment compensation issues and defend employers against improperly filed unemployment compensation claims.

Workplace Safety Issues

We advise employers regarding workers compensation, OSHA and other workplace safety issues, and defend against workers compensation and OSHA claims.

Education Law

We have experience in education law. One of our Of Counsel attorneys, Richard Hill, serves as general counsel to Weber State University.