Practice Areas : Labor and Employment

protecting your territory

Ball Janik LLP’s Labor and Employment practice encompasses employment law counseling, labor law representation and litigation of employment-related disputes. Our responsiveness and broad experience have earned us recognition as industry leaders in labor and employment law, according to Chambers USA. We serve clients of all sizes and types across many industries, with a number of clients in the high-technology, banking and the public sectors. Our litigation practice has successfully defended employment-related actions alleging a wide range of claims. Since 2004, our success rate on motions for summary judgment exceeds 75%. This strong record of obtaining dismissal of employment claims at the earliest possible stage has saved our clients significant litigation costs.

Our counseling practice includes a full range of preventative employment law advice, counseling, training and internal investigations. Labor law matters are an increasing focus of our practice. We handle union elections, labor disputes, collective bargaining agreement administration, and grievance arbitrations.

Representative Clients

Ashforth Pacific, Inc.
Holland Residential LLC
Intel Corporation
Melvin Mark Companies
Northwest Staffing Resources
Olympic Controls
Oregon Scientific, Inc.
Pacific Seafood Group
Prodapt North America
Polygon Northwest Company
Temp•Control Mechanical Corporation
WaferTech, LLC

Counsel and Advice • Defense of Employment Claims • ERISA Litigation • Employment Practice Audits • Harassment, Discrimination and Retaliation Claims • Investigation • Labor Representation • Litigation between Competitors • Minority Shareholder Litigation • Trainings • Wage and Hour Advice and Litigation

Counsel and Advice

Our counsel and advice practice includes a full range of preventive employment law counseling, including preparation of employment manuals, policies, employment agreements, non-competition agreements, and severance/separation agreements. Our advice covers: hiring, termination, reduction in force and discipline; wage and hour compliance with local, state, and federal employment statutes and regulations; family medical and other leave laws; insurance coverage for employment claims; recordkeeping and disclosure requirements; and protection of intellectual property and trade secrets. We also conduct firm seminars and issue newsletters and e-alerts focusing on new developments in labor and employment law.

Defense of Employment Claims

Our Labor & Employment practice focuses, although not exclusively, on the defense of employment claims. We litigate employment matters in Oregon and Washington trial and appellate courts, federal district and appellate courts, and before the Equal Employment Opportunity Commission (EEOC), the Oregon Bureau of Labor & Industries, and the Washington Human Rights Commission. As part of our aggressive defense, we have an impressive record of winning summary judgment motions for clients in employment cases. Doing so has saved our clients significant litigation costs.

ERISA Litigation

We have successfully defended ERISA claims brought under employer disability, medical, and other welfare plans.

Employment Practice Audits

Many employers conduct periodic employment practice audits to ensure that their policies and practices are keeping up with the ever-changing requirements of employment and wage and hour laws. Our lawyers review and analyze our clients’ employment practices and offer specific, practical advice about recommended changes. Our lawyers also represent employers who are being audited by compliance agencies, including the U.S. Department of Labor.

Harassment, Discrimination and Retaliation Claims

We regularly defend discrimination, harassment and retaliation claims in state and federal courts. For example, we recently obtained our eighth summary judgment victory on behalf of a large employer, achieving summary judgment on all claims asserted and dismissal of the action. Cases successfully defended on behalf of this employer have sought over $13 million and asserted claims of sex discrimination and harassment, sexual favoritism, race and national origin discrimination and harassment, age discrimination, disability discrimination, and unlawful retaliation. Our concerted successful defense has reduced overall litigation costs.

Investigation

Our lawyers serve as investigators when an employer decides it needs an outside party to investigate a complaint of harassment, discrimination, or other alleged wrongdoing in the work place. We plan and conduct the investigation and provide a report to the employer of our factual findings. If necessary, we testify about our investigation and findings. Our investigations are targeted, thorough, hard-hitting and genuinely neutral. When necessary, we advise the employer about improvements it should implement in its work place.

Labor Representation

We represent both private and public employers in the full range of labor law issues, from organizing campaigns to grievance arbitrations. Our lawyers have represented clients before both the National Labor Relations Board and the Oregon Employment Relations Board. We also advise employers on the interpretation and administration of collective bargaining agreements and handle collective bargaining negotiations.

Litigation between Competitors

We regularly represent parties in litigation between competitors including those arising when employees jump ship to a new employer in competition with the former employer. For example, a construction industry client suspected that five former employees misappropriated highly sensitive and confidential electronic data when they moved to a competing employer. Working closely with a computer forensic expert, we determined that the former employees used our client’s sensitive and confidential information in competing for business. We filed suit and obtained a temporary restraining order. Following extensive discovery, we obtained a stipulated permanent injunction against the former employees, thus putting an end to their wrongful competition.

Minority Shareholder Litigation

Our client was ousted from a closely held, highly lucrative, professional practice. We filed suit against our client’s former partners for breach of fiduciary duty and minority shareholder oppression. Following aggressive and fruitful discovery, we achieved a multi-million dollar settlement for the client.

Trainings

We regularly conduct trainings for our clients in order to educate managers regarding best practices in the workplace.

Wage and Hour Advice and Litigation

Wage and hour law is technical and filled with traps for even sophisticated employers. Our lawyers regularly advise employers on the requirements of wage and hour laws and represent employers in litigation wage and hour violations.