Labor & Employment

Sirote & Permutt’s Labor and Employment Group has successfully represented clients before administrative agencies, in arbitration and mediation proceedings, and in employment litigation, including discrimination claims under State and Federal laws and other wrongful discharge claims.

 

While the firm’s principal focus prior to litigation is preventative care, during the litigation phase, our goal is aggressive representation to limit the client's exposure. At the outset of the litigation, we make an early determination of its merits. We interview all potential witnesses and review appropriate documents in an effort to assess the strengths and weaknesses of our client's case. Afterward, we provide the client not only our assessment of the case, but also a litigation plan. This plan outlines our proposed course of action and includes a budget. If the initial investigation reveals the opponent's case has merit, we advise the client of the best means to resolve the matter and minimize exposure. Alternatively, if the initial investigation reveals the case is frivolous or defensible, we work zealously to ensure the client is ably and successfully defended. Our goal is to obtain dismissal of the litigation as early as possible. If the case is not resolved prior to trial, we have a very diverse and experienced team of litigators available to try the case. At the conclusion of the litigation, we seek an open dialogue with our clients concerning the quality of our services, as well as our strengths and weaknesses so that we may continue to improve our services to fit our clients’ needs.

 

A number of our clients either have been faced with union organizational campaigns or are currently involved in ongoing collective bargaining relationships with labor organizations. The Department's attorneys have extensive experience in the labor law area, and are intimately familiar with the diverse forums in which the labor law practitioner must be able to function. The Department's attorneys also assist clients in developing positive programs in the workplace, in order to foster an environment in which employees realize that their interests and the interests of their employer are closely aligned, despite the presence of a collective bargaining agent.

 

The Department's labor law practice includes labor negotiations, contract administration and practice before the National Labor Relations Board and federal courts. Attorneys in the Department have extensive experience with union organizational campaigns and other National Labor Relations Act issues, grievance and arbitration proceedings, and ongoing client advice and counseling. The Department's members negotiate and administer collective bargaining agreements for a wide variety of businesses and industries.

 

Our attorneys have designed a comprehensive labor compliance program to assist clients in maintaining a viable and efficient work force. We believe that successful implementation of this program can minimize the substantial expenses associated with litigation and turnover. The Labor Compliance Program is a multi-phased review and strategic process that involves an examination of internal labor procedures, a one-on-one interview with key personnel and a thorough analysis of employment related documents for compliance with current federal and state laws. Based on findings made during the audit process, a formal opinion is prepared itemizing potential problem areas and strategic recommendations for eliminating those problems. Thereafter, depending on the final recommendations, the Labor and Employment Group can assist the client in implementing any suggested changes including:

Our attorneys regularly provide on-going counseling to client managers and supervisors to reduce exposure to administrative action and employment related litigation. Our goal is to be available and responsive to our clients’ needs. We offer general advice and training on employment issues such as preventing unlawful harassment and instituting appropriate procedures in disciplining an employee. The Group can also assist with internal investigations of complaints of harassment, discrimination, unfair practices, and other issues.

 

We have litigated numerous workers’ compensation cases in State courts throughout Alabama. Our cases have involved numerous claims alleging injuries involving repetitive motion injuries, back injuries, carpal tunnel syndrome, reflex sympathetic dystrophy and psychological injuries and death. We also have successfully defended numerous workers’ compensation retaliatory discharge claims.

 

Every other month the Labor and Employment Group distributes an electronic newsletter titled “Pinnacle.” From significant federal and state court rulings to pending legislative enactments, the Pinnacle is designed to keep the management personnel of our corporate clients abreast of vital need-to-know information. Moreover, each subscription-free issue highlights recent activities of department members such as key court victories and major speaking engagements before various industry groups. We also provide free seminars to area clients on current and burgeoning issues in labor and employment law. The purpose of the seminars is to enable our clients to develop appropriate strategies to reduce their exposure to liability.