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Practice Areas:
Employment Law |
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Overview |
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Labor |
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Employment |
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Workers' Disability |
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School |
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Employee Benefits |
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Corporate & Tax |
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General Litigation |
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| Case Studies | |
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Employment Law Same-Sex Harassment Lawsuit Dismissed |
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Employment Law Arbitration Decision With Important Lessons For School Districts |
Employment-Related Litigation
Keller Thoma attorneys aggressively defend employers in state and federal courts against the entire array of claims that creative plaintiffs attempt to bring. Among the many claims we have defended are those for:
- Discrimination
- Harassment
- Retaliation
- Wrongful discharge
- Infliction of emotional distress
- Privacy violations
- Qui Tam actions
- Antitrust violations
- Non-compete violations
- Interference with contractual relations
- Conspiracy
- Breach of contract
- Commission payments
- Wage and hour violations
Administrative Agency Proceedings
Members of the firm regularly practice before administrative agencies such as the Equal Employment Opportunity Commission, the Michigan Department of Civil Rights, the U.S. Department of Labor, the Michigan Department of Consumer and Industry Services, the Michigan Unemployment Insurance Agency, Civil Service Commissions, and the Office of Federal Contract Compliance Programs.
Arbitration, Facilitation, Mediation
The use of arbitration, facilitation, and mediation to resolve employment disputes has grown increasingly popular in the past five years. Keller Thoma has a wealth of experience in all areas of alternative dispute resolution mechanisms, and is equipped to make evaluations and recommendations as to their effectiveness in a given case, as well as to represent clients in such matters.
Affirmative Action Plan Drafting, Monitoring, Litigation
Our firm members are adept at drafting, updating, and monitoring Affirmative Action Plans. Firm lawyers also assist clients in workforce analyses, adverse impact analyses, and utilization analyses.
Class Action Litigation
Members of the firm have successful experience litigating class action employment cases in Michigan and nationwide.
Counseling and Advice
One of the most important functions that Keller Thoma lawyers perform for employers is day-to-day counseling. Our lawyers help solve problems and advise clients how to minimize risk with respect to issues such as employee discipline, harassment, drug testing, trade secrets, and workplace violence and keep clients abreast of the ever-changing maze of state and federal laws and regulations, including:
- Title VII of the Civil Rights Act of 1964
- Americans with Disabilities Act (ADA)
- Older Workers Benefit Protection Act (OWBPA)
- Age Discrimination in Employment Act (ADEA)
- Family and Medical Leave Act of 1993 (FMLA)
- Fair Labor Standards Act (FLSA)
- Worker Adjustment and Retraining Notification Act (WARN)
- Employee Retirement Income Security Act of 1974 (ERISA)
- Davis-Bacon Act
- Whistleblowers Protection Act of 1989
- Federal and State Occupational Safety and Health Acts (OSHA and MIOSHA)
- Consolidated Omnibus Budget Reconciliation Act (COBRA)
- Fair Credit Reporting Act
- Child Labor Laws
- Veterans Reemployment Act
- Elliott-Larsen Civil Rights Act
- Persons with Disabilities Civil Rights Act
- Michigan Antitrust Reform Act
- Michigan Employment Security Act (MESA)
- Michigan Wages and Fringe Benefits Act (WFBA)
- Medicare False Claims Act (FCA)
- Michigan Public Health Code
- Equal Pay Act of 1963
- 42 U.S.C. § 1981
- 42 U.S.C. § 1983
Audits
The firm conducts and assists in audits of employment practices, including Wage and Hour audits and EEO practice audits.
Handbook Drafting and Review
Firm lawyers regularly draft employee handbooks and work rules. Keller Thoma lawyers also frequently review and update those documents for employers.
Workplace Safety Issues, OSHA, MIOSHA
The firm represents employers in investigations or proceedings involving alleged violations of OSHA or MIOSHA.
Anti-Discrimination/Harassment Counseling and Litigation
Members of the firm regularly counsel employers regarding compliance with Title VII, the Elliott-Larsen Civil Rights Act, the Americans with Disabilities Act, the Family Medical Leave Act, and the Michigan Persons with Disabilities Act. Our proactive approach with clients is the best way to prevent lawsuits and to help ensure a victory in the event a claim is filed.
Layoffs, Plant Closings, Reductions in Force
Members of the firm have experience representing clients engaged in workforce reductions and assisting clients in complying with applicable laws.
Severance Agreements, Discharges
Lawyers of the firm have experience drafting and negotiating severance agreements relating to employment terminations ranging from lower-level employees to presidents of major corporations.
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