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Employment Litigation

Employment Litigation

Tyson & Mendes represents management in employment disputes in state and federal court, and before federal and state administrative agencies such as the Equal Employment Opportunity Commission, the Department of Fair Employment & Housing, and the National Labor Relations Board.  By initially providing early and accurate assessments of the risks and costs involved in litigating cases, we are able to consistently formulate winning strategies, whether through settlement, motion practice, mediation, or trial.

Our attorneys believe effective representation at trial is often the product of an effective pre-trial practice.  In some cases, strategically planned and well-crafted motions resolve the case before a trial begins.  In others, motions pare down the issues for trial and allow for the strategic removal (or inclusion) of portions of the case which may assist a jury in rendering a verdict in the client’s favor.

Because litigation can often exact an emotional toll on an employer’s work force as well as present large monetary costs, we often recommend management employ one or more alternative dispute resolution procedures.  While these range from stipulated binding arbitrations to private mediations, they are all designed to bring the client the best possible result within an appropriate time frame.  Management’s goals may be best served by an early resolution, but in other cases litigation may prove necessary.  Bearing in mind the client’s goals, Tyson & Mendes strives to tailor our representation to guide management through the litigation process while allowing the client to continue business operations.

Well-considered pre-litigation advice is essential for assisting management in making employment decisions designed to avoid litigation or to minimize the impact of unfortunate planning.  When accusations of harassment, substance abuse, or similar problems arise, Tyson & Mendes assists management in conducting appropriate, legal, and thorough internal investigations.  At the conclusion of such investigations, management can be confident it is making informed employment decisions after weighing the risks and benefits of its options.  In addition to drafting general policies and forms, we routinely assist management in the separation of employees from the company with effective documentation and severance agreements.

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Employment Litigation Articles:

Are Employer-Mandated Vaccines the Future? New York State Bar Association Says Yes

Author: Michael D. Drews | September 13, 2021 2:33pm
On August 27th, the New York State Bar Association’s Emergency Task Force on Mandatory Vaccination and Safeguarding the Public’s Health (“Task Force”) released a report detailing its discussions on the COVID-19 vaccine. Among its many recommendations, the Task Force urged lawyers, employers, and their employees to get vaccinated, as well as teachers, students (when approved for their age group), and university students, faculty, and staff. In addition, the Task Force recommended vaccine access be provided in correctional facilities and in immigration detention facilities.

Appallate Court Refuses to Permit Arbitration of Threshold “Employee or Independent Contractor” Issue

Author: Orlando Arellano | June 9, 2021 11:26am
California adopted a novel approach to enforcing the Labor Code of California when it enacted the Private Attorney General Act of 2004 (“PAGA”). This law allows a private citizen to pursue civil penalties on behalf of the State of California Labor and Workforce Development Agency (“LWDA”) provided the formal notice and waiting procedures of the law are followed.

Independent Contractors, Dependent Liability: Washington Job Site Owners’ Liability for Independent Contractor Injuries

Author: Steven Rich, Blaire Bayliss | June 9, 2021 10:42am
Due to the significant business costs of hiring employees, employers have increasingly turned to independent contractors to complete tasks traditionally handled by employees. While this approach carries significant benefits to employers, it also carries the risk of legal uncertainty. As independent contractors become more common, the question of liability in cases involving independent contractors who have been injured on the job has become more pressing. Recently, Washington courts have adopted the law regarding liability for job site owners who employ independent contractors through general contractors.

Update: California District Court Upholds Previous Dismissal of Wife’s COVID-19 Civil Suit

Author: David Kahn | June 4, 2021 9:00am
In our April Newsletter, Tyson & Mendes reported a California federal court dismissed a lawsuit filed by the wife of a construction worker. Plaintiff claimed her husband contracted COVID-19 at work and brought the virus home infecting her as well. Following the dismissal, the district court judge gave plaintiff an opportunity to amend her complaint. At a hearing on May 7, 2021, the court upheld the dismissal without further leave to amend. As of this date, it is unknown whether plaintiff will appeal.

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