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Thomas M. Stanek

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Traditional Labor Relations, Employment Law, Unfair Competition and Trade Secrets, Litigation, Multistate Advice and Counseling

Mr. Stanek represents clients in all aspects of traditional labor relations. He also counsels and represents companies on matters regarding “noncompete” agreements. In addition, Mr. Stanek defends employers facing claims of discrimination and harassment, as well as claims alleging breaches of contract, unfair competition, wrongful discharge, defamation, interference with contract, and other torts. Mr. Stanek represents employers in both state and federal courts as well as in proceedings before administrative agencies, including the National Labor Relations Board, the Equal Employment Opportunity Commission, the Department of Labor, State Civil Rights Divisions, and other state and federal agencies.

  • Helps clients stay union-free through practical and effective advice and counsel
  • Successfully manages union avoidance campaigns for companies facing imminent threats of unionization
  • Trains supervisors and managers on all aspects of the National Labor Relations Act, Title VII, the ADA as well as other state and federal laws
  • Defends companies in Unfair Labor Practice (ULP), representation, and decertification proceedings before the National Labor Relations Board
  • Represents management in collective bargaining and other negotiations with unions, as well as in grievance and arbitration proceedings
  • Regularly advises and counsels clients on workplace issues and other employment challenges
  • Devises state and national strategies for clients to protect business investments in people, trade secrets, proprietary and confidential information through non-competition, non-solicitation, anti-raiding, confidentiality and other restrictive covenants and employment agreements
  • Maintains comprehensive knowledge of restrictive covenant and trade secret law throughout the 50 states and Puerto Rico, and counsels businesses on compliance with the state laws at issue
  • Prosecutes and defends claims arising out of non-competition, non-solicitation, confidentiality and other restrictive covenants and employment agreements
  • Drafts employment agreements for executives and other senior leadership employees
  • Reviews and revises employee handbooks, policies and employment practices for legal compliance with state and federal law
  • Conducts training for supervisors and managers on internal investigations and other HR issues

 

Traditional Labor Relations, Employment Law, Unfair Competition and Trade Secrets, Litigation, Multistate Advice and Counseling
Learn more about Thomas M. Stanek

Mr. Stanek represents clients in all aspects of labor relations including: successfully managing union avoidance campaigns for companies facing an imminent threat of unionization; training supervisors on lawful methods to interact with employees; implementing training programs for employees to educate them about unions and their employers; working with management to improve employee morale and become more responsive to employee concerns and issues; investigating and litigating numerous unfair labor practice charges and labor arbitrations; counseling employers on lawful methods to respond to supervisors who were organizing for the union; preparing, defending, and examining witnesses before NLRB proceedings; and participating in all aspects of representation, objection to elections and unfair labor practice hearings.

Mr. Stanek has extensive knowledge of restrictive covenant and trade secret law throughout the 50 states and Puerto Rico.  He counsels businesses on the preparation of non-competition, non-solicitation, non-disclosure, and anti-raiding agreements to comply with the state laws at issue, and has defended and prosecuted numerous claims arising out of such agreements.  Mr. Stanek also represents clients regarding claims of unfair competition, misappropriation of trade secrets, and business disparagement.

Education

Admittance to Practice

Professional Activities

  • State Bar of Arizona
  • American Bar Association (Section on Employee Rights and Responsibilities)
  • Board Member, Arizona State University College of Law Alumni Association
  • Contributing Editor, The Developing Labor Law, Fifth Edition

Speeches


Best Lawyers Award Badge

Insights by Thomas M. Stanek

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NLRB Rules Against Telephonic R-Hearings Where Witnesses Will Testify

On April 1, 2020, we explained that the National Labor Relations Board (NLRB) would resume processing representation cases on April 6, 2020. Since then, NLRB regional offices have been scheduling and conducting telephonic pre-election hearings and generally have been denying videoconference requests.

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NLRB Finalizes Rules on Blocking Charges, Voluntary Recognition, and Section 9(a) Recognition

On August 9, 2019, we explained that the National Labor Relations Board (NLRB) would be publishing a notice of proposed rulemaking (NPRM) regarding certain proposed amendments to the National Labor Relations Board’s (NLRB) rules on “blocking charges,” a bar on voluntary recognitions, and Section 9(a) recognition in the construction industry. On March 31, 2020, the Board announced that it has finalized the proposed amendments, which it believes “better protect employees’ statutory right of free choice on questions concerning representation.” The final rules will be published in the Federal Register on April 1, 2020, and should take effect after May 31, 2020.

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New Arizona Laws Seek to Clarify Independent Contractor Status

Arizona’s new Declaration of Independent Business Status (DIBS) law went into effect on August 6, 2016. Arizona employers can now clarify their relationships with independent contractors under certain circumstances. For purposes of state law, employers may confirm the independent contractor relationship by having workers sign declarations that create a rebuttable presumption that an independent contractor relationship exists.

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