Employment

The legal principles and rules that govern the employment relationship are constantly evolving. The advent of social media and electronically-stored information has dramatically affected that relationship and has introduced new and challenging legal issues for both employers and employees. Our employment lawyers take great pride in our ability to respond promptly and reliably to our clients' challenges in this fluid area of the law.

Employers. We advise employers on various management issues, including hiring and termination, EEOC claims, wrongful discharge claims, employee handbooks, record-keeping policies and procedures, grievance arbitrations, trade secrets and non-competition/non-solicitation agreements, intellectual property protection, and employee leave and disability. We assist employers in drafting, negotiating and, when necessary, litigating, employment agreements. Because our clients spend considerable resources to develop and maintain valuable confidential information (like trade secrets and customer lists), we work closely with our clients to develop strategies and systems to protect those assets and to recover those assets when they are misappropriated. Likewise, on behalf of employers, we have aggressively pursued departing employees who have solicited fellow employees to leave their employment or who have solicited customers to send their business elsewhere. In addition, we counsel employers on risk assessment and strategies for avoiding or minimizing litigation.

Employees. Through all phases of the employment relationship, from inception to termination, we represent officers, directors, and employees in diverse businesses, professions, and industries. High-level executives and professionals frequently engage us to negotiate the terms of employment contracts and severance agreements. We also have extensive experience representing key, business-producing employees when they join competing firms or go out on their own. We represent employees in matters involving sexual harassment, discrimination, wrongful discharge, family and medical leave policy, and wage and hour disputes. We also represent faculty members of universities and graduate schools who are accused of academic or professional misconduct.

Workplace vaccine policies. Many of our employment law clients ask about their rights with regard to employer vaccine policies. In that context, we are providing guidance to our clients in disputes involving:

• Federally- and employer-driven vaccine mandates and policies, including disability and religious accommodation;
• Unvaccinated-worker testing requirements;
• Remote and hybrid work arrangements;
• Paid and unpaid leave and reinstatement;
• Safe working environment;
• Discrimination claims in the context of vaccine requirements;
• Leave claims under the Family Medical Leave Act, the Families First Coronavirus Response Act, state and local paid leave laws, and employer leave policies; and
• Wage-and-hour claims driven by changes in working schedules or venues.

Representative Matters

Successfully represented a physician in an action arising from a hospital's denial of his application to renew his privileges after 18 years of having those privileges. After obtaining reversal of the trial court's order granting a Motion to Dismiss, the case resolved prior to trial. Kalan v. MedStar Georgetown Medical Center, Inc. 253 A. 3d 123 (2021).