David B. Hawley

Of Counsel Raleigh

David Hawley’s practice focuses on providing employers with practical recommendations, advice, and counsel for effectively managing employment issues, particularly on the “prevention side” of employment claims and positioning problem employment situations for the best possible defense. He provides advice and counsel to human resources professionals and in-house counsel of clients on almost a daily basis. He has extensive experience in preparing termination, severance, and non-competition agreements and in preparing, editing, and revising employee policies and handbooks on a wide range of employment topics, including coordinating multi-state policy and handbook development. David also has substantial experience in assisting clients in planning and conducting reductions-in-force (RIFs) and multiple employee terminations, including evaluating issues and preparing materials relating to the WARN Act, the Age Discrimination in Employment Act, and the Older Workers Benefit Protection Act.

In addition to the preventative side of practice, David also handles numerous claims or charges filed against employers with federal and state agencies involving anti-discrimination and employee leave laws. He has been involved in representing employers in litigation in federal and state courts regarding claims relating to discrimination and harassment, wage and hour issues, trade secrets, and non-competition agreements (including preparation of successful appellate materials to North Carolina’s appellate courts).

David also has helped revise the North Carolina Employers’ Desk Manual and has contributed to The Family and Medical Leave Act treatise of the American Bar Association’s Section of Labor and Employment Law.

Prior to entering the practice of law, David worked extensively with corporate leaders, business executives, and legislative and government officials as the director of government relations for a national plastics industry trade association.

Personally, David is an active triathlete and competes in multiple events each year. He also spends an inordinate amount of time wrangling (or being wrangled by) his two Border Collies.


Experience

David is considered a primary resource within the Firm on RIFs and RIF-related actions and laws (including the ADEA and the OWBPA). He regularly evaluates complex RIF materials for a major multinational, diversified products company and prepares legally compliant materials for executing the client’s RIF actions. He also has advised and prepared mass layoff and RIF materials for clients in nearly every area of business, including the retail, pharmaceutical, manufacturing, defense contracting, and technology equipment industries.

In addition, he is frequently consulted by clients to prepare termination, severance, and resignation agreements for individual employees, and to develop complex noncompetition and nonsolicitation covenants.

Professional Activities and Speeches

Professional Activities:

  • North Carolina Bar Association (Labor and Employment Law Section)
  • American Bar Association (Labor and Employment Section)
  • Wake County Bar Association

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