Primary Practice Contact: Maralyn M. English
Human resources are valuable and costly assets.
We help public and private employers, by guiding them through establishment of a work environment which promotes employee satisfaction, productivity, and minimizes employment litigation.
Employment laws are based on federal and state constitutions, legislation, administrative rules, and court opinions. Collectively, these laws govern the employer-employee relationship, which includes individual employment contracts, the application of tort and contract doctrines, and a wide range of federal and state regulations.
These regulations address issues such as protection from discrimination, harassment, and retaliation; wages and hours; health and safety; employee benefits; protecting trade secrets, and breaches of contract; and the right to organize and negotiate collective bargaining agreements.
We advise employers on federal and state laws and regulations, draft proactive policies, help employers respond to urgent employment matters, and defend employers against lawsuits (including those concerning discrimination, harassment, retaliation, wages and hours, health and safety, and the right to organize and negotiate collective bargaining agreements).
We additionally help employers protect their interests in protecting valuable intellectual property through drafting robust employment agreements that include noncompetition, non-solicitation, and non-disclosure provisions.
Minimizing Lawsuit Risk
We draft and review fair and protective employment handbooks (policy and procedure manuals) to govern the employer-employee relationship. Our attorneys have extensive experience drafting, reviewing, and litigating noncompetition, nonsolicitation and nondisclosure agreements on behalf of employers. When a dispute arises, and immediate action is necessary, we are prepared to seek or defend against a Temporary Restraining Order (TRO) or preliminary injunction on behalf of our clients.
Answering Your Questions
We work closely with employers to provide information and answer questions regarding the laws governing employment relations. We strongly believe that these informational opportunities can significantly help avoid or minimize costly litigation.
Addressing Workplace Complaints
When a workplace complaint is made, we work closely with our clients to promptly and thoroughly investigate. If the complaint is against our client, we turn to a trusted outside investigator. If the complaint is against the client of another law firm, we can conduct the investigation and act as an expert witness. A concrete investigation goes far towards preventing the evolution of a complaint into a claim and an actual lawsuit.
When an employer wants to end the employer-employee relationship, we help our clients assess any risks, whether the employee is in a protected class, and whether there is documentation that supports the termination of the relationship. These measures help to avoid charges of discrimination, retaliation, or whistleblowing, and to protect against the release of confidential information by a former employee.
Our risk-management approach regarding employment issues helps protect corporate assets and brands while minimizing employment litigation potential. If a complaint turns into litigation, we provide a solid and vigorous employment defense in administrative agencies, arbitration proceedings, and state and federal court.
Turn to SCM for experienced employment counsel.
Our employment and benefits lawyers are ready to help. Please contact Maralyn A. English in our Salt Lake City office, or Steven W. Beckstrom in our St. George office, or another member of our team.