Employment

Fox, O’Neill & Shannon regularly negotiates and drafts employment agreements on behalf of employers and employees, for both new and departing employees, and counsels businesses through increasingly complex employment issues.  Even properly negotiated and drafted agreements or carefully crafted policies, however, cannot always protect against employment disputes.  The firm understands that a few basic and practical preventative actions can help an employer avoid or minimize disruptive employment disputes.  The firm also appreciates that employees and former employees are entitled to protections under the law against, among other things, discrimination and wrongful discharge.  When disputes cannot be resolved, however, FOS uses its extensive experience successfully litigating employment-related claims to best protect its clients.

The best dispute is one that never arises.  FOS provides services designed to prevent employment disputes, including:

• Negotiating and drafting employment agreements, including:
  • Covenants not to compete
  • Confidential information and trade secret protection

• Drafting employee manuals and policies covering
  • Equal employment opportunities
  • Sexual harassment and anti-discrimination
  • ADA and FMLA compliance
  • Phishing and computer theft
  • Internet and privacy
  • Confidential information and trade secrets

• Training employees in preventing and responding to harassment, discrimination and cyber abuse claims
• Negotiating and drafting severance agreements
• Advising regarding employee termination process
• Advising regarding interview protocol to comply with anti-discrimination laws

FOS defends employer clients against all employee claims, including:

• Federal and state discrimination claims, based on:
  • Sexual harassment or discrimination
  • Age discrimination
  • Disability discrimination
  • Racial discrimination
  • Retaliation
  • Hostile work environment
• Reasonable accommodation claims
• FMLA claims
• Wage and hour claims, including overtime claims
• Wrongful discharge claims
• OSHA violation claims
• Plant closing dispute claims
• Whistleblower claims

In appropriate circumstances, FOS uses its employment law expertise to represent employees wrongly treated by their employers.

FOS has extensive experience prosecuting claims against employees for:

• Trade secret and/or confidential information misappropriation
• Violation of covenant not to compete
• Wrongful interference with contract
• Unfair competition
• Usurpation of business opportunities
• Exceeding legal bounds of preparations to compete
• Theft of company funds