Counseling and Training to Prevent and Manage Discrimination Claims
The training of employees is critical, especially in an overall plan to avoid potentially damaging claims and to help reduce a health care employer’s potential liability when a claim is brought. Sills Cummis & Gross lawyers have trained managerial employees at hospitals and other health care facilities on sexual harassment, on how to take action that protects the health care facilities (including how to take appropriate disciplinary action against offending employees), and on how to evaluate employee performance. We counsel management on Family and Medical Leave issues, wage and hour, disability, WARN, COBRA, and insurance issues (such as employer practices liability and workers’ compensation insurance). We also advise clients on how to conduct terminations, disciplinary actions, and promotions to best avoid possible claims.
Our lawyers are adept at drafting employer policies and procedures manuals as required by law, including policies against harassment in the workplace. We prepare employment and separation agreements. We also review employment applications to ensure that they comply with equal opportunity employment and fair credit reporting laws.
Collective Bargaining/Union Avoidance
Quality labor relations advice is a combination of legal knowledge and the common sense ability to get things done. Sill Cummis & Gross lawyers pride themselves on blending those skills to the benefit of our health care clients, many of whom are already in a unionized environment. The Chair of our Employment and Labor Practice Group was originally trained in the labor relations area. He has negotiated a substantial number of collective bargaining agreements on behalf of health care clients and he has the ability to quickly understand the needs of both sides at the bargaining table and use this insight to their advantage when representing hospital management.
- Interpreting and applying collective bargaining agreement provisions.
- Handling and/or assisting in the grievance and arbitration process.
- Handling all aspects of labor litigation, including unfair labor practice charges, administrative trials, and representation and compliance proceedings before the NLRB.
- Developing strike contingency plans.
- Seeking secondary boycott and other interim injunctive relief pursuant to federal labor law.
- Advising on informational and “common situs” picketing activities.
- Handling of other NLRB claims, statutory priority claims and appeals.
- Developing effective pre-election campaigns to thwart union organizing drives.
- Negotiating union organizing “neutrality agreements” when in the health care client’s best interests.
- Conducting supervisory and managerial training to avoid objectionable pre-election activity by employer representatives.
When litigation is unavoidable, the employment attorneys of Sills Cummis & Gross advocate aggressively for their clients in state and federal courts. They have successfully defended hospitals and other health care clients against wrongful discharge and discrimination claims involving age, race, disability, gender and pregnancy, alleged violations of family leave, whistleblower, equal pay and other statutes. We have won numerous summary judgment motions for our clients in these matters, including claims of breach of contract, national origin discrimination, defamation and intentional infliction of emotional distress violations.