Case Studies - Employment
Enforcing Employment Agreements and Avoiding Unfair Competition
An account executive with an Advertising Agency was leaving the company and threatening to take clients with him. Garson Claxton represented the Agency, quickly helped to enforce agreements the account executive had signed, and helped the company tighten its employment practices. The firm’s responsiveness saved the Agency from potentially unfair competition.
Avoiding a Multi-Million Dollar Overtime Mistake
Our client was a company which employed hundreds of individuals with varying degrees of education, experience and responsibility. Like many employers, our client was unaware of the highly technical and counterintuitive regulations governing overtime pay. Among other things, our client didn’t know that docking “exempt” professionals for partial day absences would nullify the exemption from overtime pay for these employees. We guided our client to the proper treatment of these employees before any claims had been filed and thus avoided potentially multi-million dollar penalties.
Saving an Executive from Taking the Fall
Our client, an executive at a national company, was accused of improprieties and threatened with criminal prosecution unless he provided “restitution” to his employers. We fought back. Hard. We left no stone unturned in our search for evidence, presented a convincing case to the employer, and negotiated severance pay, a release of all claims by the employer, a resignation instead of termination, and no “restitution” payment at all.
Implementing the A's - FMLA, ADA, PDA, etc.
Our client encountered one of the trickiest areas of employment law – the adoption of fair and legal policies for paid and unpaid leave for pregnancy, disability and parents with new-born children. We guided the client through the requirements of the Family and Medical Leave Act, the Americans with Disabilities Act, the Pregnancy Discrimination Act and a variety of related legal requirements. We explained the impact of additional state and local requirements – that are often overlooked, especially by companies operating in multiple jurisdictions. Finally, we drafted policies that were fair, legal, logical and could be understood without a law degree!
A Non-Threatening Non-Compete
After many years of blind trust, our client finally recognized that departing employees were leaving with valuable clients and information. Our client needed to implement a non-compete agreement that would prevent employees from walking away with valuable company assets, but do it in a way that would not upset a largely loyal, dedicated and long-tenured staff. A brief, but effective and enforceable agreement was called for. We identified the key restrictions that would be essential to protecting our client from unfair competition. We distilled these restrictions into a two page agreement – which every employee signed. With little disruption, our client added significant protection to the future value of its company.