Employment Law

James, McElroy & Diehl provides legal advice, preventive services and litigation representation to local, regional and national clients, including well-known Fortune 500 companies, non-profit organizations and small, family-owned businesses. We help these clients solve all types of employment-based problems, from hiring and governmental policy compliance, to promotions, demotions, discipline and terminations.

Our Employment Law group is also well versed in the complexities involved with proper drafting of employment agreements, non-competition covenants, severance agreements, confidentiality agreements and trade secret protections. We integrate our comprehensive knowledge of good drafting principles with the applicable law in order to produce legally enforceable employment documents. Our attorneys handle simple and complex executive contracts, agreements between religious institutions and clergy, between hospitals and doctors, and contracts for personnel in science and technical fields, banking, sports, engineering and sales.

While James, McElroy & Diehl takes a preemptive approach to Employment Law to reduce unpleasant legal surprises, we are also renowned for litigating disputes arising from employment relationships, including allegations of wrongful termination, unlawful discrimination or harassment, breaches of employee loyalty, theft of trade secrets, enforcement of non-compete agreements, compensation disputes, and issues relating to pension, health and other employee benefit plans.

In addition, our Employment Law group is backed by an experienced team of Business, Civil, Corporate & Transactional, Criminal, Real Estate, Securities and Tax attorneys who enable James, McElroy & Diehl to provide our clients with comprehensive legal solutions to a full spectrum of business needs.

Our Employment Law practice includes:

  • Drafting, evaluating and/or revising employee handbooks, policy statements and personnel practices
  • Advising on pension and retirement plans
  • Ensuring compliance with employment-related laws and regulations, including the Employee Retirement Income Security Act (ERISA), Family and Medical Leave Act (FMLA), Occupational Safety and Health Act (OSHA), Americans with Disabilities Act (ADA) and Fair Labor Standards Act (FLSA)
  • Providing advice and assistance with regard to group health insurance and other employee benefits
  • Negotiating and drafting employee contracts, including restrictive covenants, non-competition clauses and trade secret provisions
  • Responding to allegations of discrimination or harassment
  • Assisting in audits or examinations relating to unemployment and workers compensation premiums, payroll tax withholding and other employment-related compliance issues