Employers rely on Doerner lawyers for advice to maximize workplace flexibility, minimize their legal risks and defend them if problems arise. We have a regional and national practice that helps employers of all sizes – from major retailers, paper product makers and electric utilities to small startup businesses – anticipate workplace disputes and resolve them quickly and successfully.
Our services are tailored to what each employer needs. For high-turnover retail and manufacturing businesses, we ensure that hiring and termination decisions are made in full accord with the law and that contentious issues like drug testing, discipline or family leave are handled properly. Technology companies and small businesses rely on us for responsive, personalized help to create a welcoming and accommodating workplace atmosphere.
We are proud to be “take the call lawyers” and assist employers with immediate problems. Workplaces are highly regulated, and the wrong off-the-cuff advice from a lawyer who lacks our in-depth knowledge of employment law can lead to big problems later. We have the ability to offer advice when and how it’s needed, providing better, faster and more cost-effective results for employers of any size. This includes effectively handling the call from a mid-level supervisor faced with an immediate crisis at 4:00 p.m. on Friday.
Employers receive proactive counseling as they need it. In the toughest disputes – wage-and-hour conflicts, retaliation claims, disability accommodations, OSHA citations – we make the expense and risks of litigation clear and provide objective advice on the best way to proceed. It’s a cost-benefit approach that typifies the practical help we provide.
- Obtained judgment in favor of employer in a FLSA collective action in which 78 plaintiffs sought overtime compensation for alleged on-call work.
- Obtained judgment in favor of the employer, which was affirmed on appeal to the Tenth Circuit, in an ADA case in which the employee claimed his employer failed to accommodate his disability and retaliated against him for asserting his rights under the ADA.
- Represented numerous employers in U.S. Department of Labor wage and hour audits involving allegations of misclassification and failure to pay wages, resulting in significant reductions in the calculation of back wages owed.
- Defended a national trucking company against wage and hour and retaliation claims, including allegations of potential class and/or collective action claims, resulting in settlement of litigation with one plaintiff.
- Successfully defended a unionized employer against claims of national origin and race discrimination in a Federal Mediation and Conciliation Service arbitration proceeding.
- Successfully vacated an arbitration award made under the Labor Management Relations Act and the Federal Arbitration Act, on the grounds that the arbitrator exceeded her authority under these Acts when interpreting the management rights provision of the parties’ collective bargaining agreement.
- Obtained various dismissals and/or summary judgments for tribally owned and operated business entities, including gaming casinos, on causes of action arising under Title VII and the Age Discrimination in Employment Act.
- Secured permanent injunctive relief on behalf of a franchisee to prevent misappropriation of trade secrets from former employees.
- Counseling corporate clients regarding human resource matters and employment law issues to minimize legal exposure when making decisions, including hiring practices, disciplinary actions, termination decisions, drug and alcohol testing, employee leave, wage and hour issues, worker classification, restrictive covenants, trade secrets and unfair competition, discrimination and harassment complaints, and compliance with federal and state law (such as Title VII, FLSA, FMLA, ADA, ADEA, OADA, and Oklahoma Standards for Workplace Drug and Alcohol Testing).
- Representation of employers in every stage of the workplace dispute resolution process, including defending against charges of discrimination filed with the Equal Employment Opportunity Commission and the Oklahoma Attorney General Office of Civil Rights Enforcement, and audits and investigations by the U.S. Department of Labor and Oklahoma Department of Labor.
- Conducting internal investigations on behalf of management into allegations of wrongful conduct in the workplace, including those involving allegations of discrimination or harassment.
- Drafting and analyzing various types of employment-related agreements, including executive employment agreements, offer letters, proprietary information agreements, confidentiality agreements, non-competition/non-solicitation agreements and separation and severance agreements.
- Drafting and revising employee handbooks, policies, and procedures.
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Any employer of any size can face legal action from employees or regulators. We approach potential workplace problems by working with our clients as a behind-the-scenes support team to develop a sound strategy for handling employment relationships in ways that eliminate or minimize problems. That maximizes our ability to help employers prevail in administrative forums and beyond if disputes do arise – and we’re always available to help, any time we’re needed.
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