Skip to content »

Scharf Banks Marmor

Employment

We offer a full service employment law practice to companies and executives, including counseling on employment law and human resource matters, advice and counsel concerning restrictive covenants and employment agreements, and defending single plaintiff and complex employment law litigation. We also provide nationally-recognized counsel and defense concerning workplace health and safety law and defend workplace tort claims.

Counseling

We counsel employers on a variety of issues, including equal employment opportunity laws, employee discipline and termination, leaves of absence, privacy and social media laws, wage and hour compliance, restrictive covenants, and reductions in force. We can develop, draft, revise and implement personnel practices and policies in such areas as sexual harassment and discrimination, reasonable accommodations for disabilities, employee discipline and terminations, and social media communications, among others. 

The firm counsels employers on a wide variety of employment and human resources issues, including:

  •  Equal employment opportunity laws and workforce diversity
  •  Employee discipline and termination
  •  Reductions in force and workplace restructurings
  •  Leaves of absence and the interplay of the Family and Medical Leave Act, the ADA and Short Term Disability
  •  Privacy and social media
  •  Workplace violence
  •  Wage and hour compliance
  •  Restrictive covenants and employment agreements
  •  Occupational safety and health
  •  Epidemic and pandemic responses 

Investigations

The firm has extensive experience in conducting routine as well as highly sensitive investigations for clients involving issues of gender, race and ethnicity harassment, employee fraud, whistleblowing or other possible wrongdoing by employees or executives.  The firm is able to provide clients with cost effective assistance in drafting, revising and implementing personnel policies and frequently provides training for clients – including CLE training – in all of these areas. 

Litigation

Consistent with the goals of many of our clients, we aim to achieve the best early resolution of employment disputes. If necessary, we are ready and able to represent our clients in litigation and at trial. We have significant experience defending employers in federal and state courts, and administrative agencies. We have represented employers pre-litigation and throughout litigation including disputes involving claims brought under Title VII, Section 1981, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act and the other state and federal discrimination laws and common law tort and contract workplace claims, such as defamation, wrongful discharge, trade secrets violations, intentional infliction of emotion distress and restrictive covenants.  Our lawyers have significant experience in successfully defending class actions on behalf of clients, including large race, disability and gender discrimination class actions, with outcomes including defeat of class certification, full wins or favorable settlements for clients.  Using the most up-to-date litigation management technologies and careful staffing, the firm is able to provide top of the line defenses for its clients’ complex employment litigation.

 

Representative Matters by Lawyers in the Firm 

  • Successfully defended a major pharmaceutical company at trial against age discrimination claim brought by sales representative. Won complete defense verdict. 

  • Successfully defended corporation against breach of employment contract and ERISA claims brought by two former top executives.
  • Successful defense of a pregnancy discrimination suit based on dismissal of employee with a high risk of pregnancy.

  • Regularly investigate and respond to employment discrimination complaints lodged at the EEOC.
  • Review and analyze all non-disclosure, non-solicitation and non-compete agreements of incoming executive-level candidates for international consulting firm.
  • Provide regular, wide-ranging employment law advice and counsel to a global consulting firm with over 80,000 employees in North America.  Advice provided covers discrimination law, wage and hour regulations, hiring and termination inquiries, and many other aspects of employment law.
  • Provide regular employment advice to a variety of global and local businesses.