Employment Law Counseling

Members of the Compensation & Employment Law Practice Group are dedicated to helping companies become more pro-active in employment law-related matters to assist employers in preventing legal issues before they arise. Attorneys within the group provide counseling to businesses on a wide variety of labor, employment, and employee benefits issues, including compliance with all aspects of federal and state employment laws and regulations.

In addition, attorneys assist clients in developing and drafting affirmative action plans, employee handbooks, executive termination agreements, employee benefits plans, personnel policies, alternative dispute resolution mechanisms, worker evaluation systems, early retirement programs, restrictive covenants, employment contracts, and employee drug and alcohol testing programs. Members of the group have also assisted clients in conducting employment law audits, plant closings, mass lay-offs, reductions in force, internal corporate investigations of sexual harassment and discrimination claims, and due diligence reviews of employment law liabilities in corporate acquisitions. 

Our attorneys also have a wide range of experience advising multinational companies on union issues.  Members of the group advise clients on labor matters and contract negotiations, as well as unfair labor practice charges, strikes, union organizing drives, grievance arbitrations, and union issues arising out of mergers and acquisitions.  Counseling advice has also focused on wage and hour issues, workplace privacy rights, employment-related tax issues, family and medical leave matters, terminations, leave of absence policies, workers’ compensation, safeguarding trade secrets and intellectual property, insurance coverage for employment law claims, and alternative dispute resolution mechanisms for resolving employee grievances and legal claims.

Defense and Prosecution of Employment-Related Litigation

Our attorneys defend employers and management in all types of employee-initiated lawsuits, as well as the prosecution of claims on behalf of companies against former employees.  The litigation experience of these practitioners is extensive. Their trial and appellate experience includes representation of employers in litigation involving state and federal employment discrimination laws, sexual harassment, employee loyalty, wrongful discharge, individual employment contracts, electronic privacy, non-competition litigation, libel/slander litigation, disability litigation, ERISA benefit litigation, and work-related tort claims. Their cases have involved federal and state court lawsuits, as well as administrative proceedings before the U.S. Equal Employment Opportunity Commission and various state human rights and civil rights agencies.

Members of the Compensation & Employment Law Practice Group have also defended employers in arbitrations and grievance hearings, and in other alternative dispute resolution proceedings. They have handled the defense of a myriad of common law claims, including breach of contract, intentional infliction of emotional distress, wrongful and retaliatory discharge, “whistle-blower” actions, defamation, invasion of privacy, and negligent retention of employees. Furthermore, Baker & McKenzie’s employment law litigators have prosecuted a wide variety of cases on behalf of employers, including claims of unfair competition, pirating of trade secrets, protection of intellectual property, employee disloyalty, and breach of restrictive covenants.

Employment Practices Liability Litigation

Baker & McKenzie is a pioneer in handling Employment Practices Liability (“EPL”) litigation. Members of the Compensation & Employment Law Practice Group helped draft the first EPL policy in the insurance industry, and since that time have served as primary defense counsel to the largest EPL carrier. The litigation experience of these practitioners includes the defense of various types of professional service organizations including law firms, accounting firms, brokerage houses, and insurance brokers.