Pro-Active Litigation Prevention
The employment relationship is governed by a tangled web of laws, regulations and court decisions. These rules are complicated and the consequences for even inadvertent violations are high fines, penalties, back pay awards, punitive damages and attorneys' fees. Scott emphasizes preventive, practical and creative approaches to employee relations. If litigation is required or appropriate, however, he aggressively represents his clients' interests, frequently resolving the matter at the pre-trial stage with a dispositive motion or favorable settlement.
Employment Discrimination and Wrongful Discharge
Scott handles EEO charge investigations and litigation before federal, state and local agencies; wrongful discharge litigation; retaliatory discharge litigation; employment litigation of all variations, including defamation, breach of contract, interference with contract, infliction of emotional distress, etc.; and training for all levels of management in all aspects of EEO regulations, including developing employment policies.
Scott assists his non-union clients in maintaining a profitable, union-free environment with preventive labor relations strategies; national and state labor relations board representation; counter-union campaigns; employee relations audits; development of handbooks, personnel and management procedures; training for all levels of management; and other relevant services.
He assists his unionized clients with negotiating collective bargaining agreements; representation before labor boards, arbitrators and other agencies; handling collective bargaining agreement administration and grievances; training and other related services.
Wage & Hour Laws
Scott helps employers comply with applicable wage & hour laws and regulations before problems arise by auditing clients' procedures; developing policies and procedures which comply with the laws; and representing clients in enforcement proceedings.
Preventive legal action, like preventive maintenance, effectively manages costs and reduces the likelihood of troublesome legal issues. Scott provides audit services to his clients that can identify actual or potential employee relations problems in a number of areas, including union vulnerability, discriminatory employment practices, wage & hour compliance, employee handbook and policies, safety and health procedures, supervisory labor law awareness and affirmative action compliance.
Company Training and Policy Development
Scott advises employers in virtually all areas of their employment operations, keeping an eye on the developing legal issues related to the employment-at-will doctrine. A robust, creative and well-funded plaintiff’s bar continues to push the envelope in this area, applying unique employment, contract and tort legal theories to both termination cases and disciplinary matters. Scott helps our clients meet that challenge by developing appropriate employee handbooks, internal management manuals, employment and business practices and policies; establishing ethical guidelines and substance abuse policies for employees; drafting employment agreements and covenants not to compete; auditing policies and practices to prevent employment-related claims from arising; and implementing other creative solutions.
Educational Services and Updates
Labor and employment law is constantly developing and Scott stays at the cutting edge. He speaks at seminars for employers and attorneys, prepares articles for professional journals and magazines, and provides employers with legal and practical updates through the firms’ various social media platforms.