Employment Law
SCA attorneys have successfully represented clients before administrative agencies, in ADR proceedings, and in employment litigation, including defending against discrimination claims and other wrongful discharge claims. Additionally, we work with clients on compliance issues, workers’ compensation, employee handbooks, and many other legal matters related to labor and employment.
We work to avoid the courtroom through counselling before issues arise, and we advise you on the best course of action when it comes to issues that arise with your business. However, should your legal matters require litigation, we will aggressively represent you in a way that seeks to limit exposure. We will make an early evaluation of any claim to try to determine its merit. We seek to interview all potential witnesses and review appropriate documents in an effort to assess the strengths and weaknesses of the case.
We will provide you with an assessment of the case and a litigation plan that includes a proposed course of action. If our investigation reveals the employee’s case has merit, we advise you of the best ways to attempt a resolution of the matter and minimize exposure. Alternatively, if our investigation reveals the case is frivolous or defensible, we work zealously to ensure you are ably and successfully defended. Our goal is to obtain dismissal of the litigation as early as possible.
Our attorneys are capable of defending employment cases with regard to:
- Americans with Disabilities Act (ADA)
- Family and Medical Leave Act (FMLA)
- Employee Retirement Income Security Act (ERISA)
- Fair Labor Standards Act (FLSA)
Our attorneys seek to help their employer clients to be proactive in maintaining a viable and efficient work force. We believe a proactive approach can minimize the expense associated with litigation and employee turnover. Our efforts include a comprehensive review and strategic process during which we examine internal labor procedures, interview key personnel, and thoroughly analyze employment-related documents for compliance with current federal and state laws.
Based on these findings, our attorneys can prepare a formal opinion itemizing potential problem areas and make strategic recommendations for eliminating those problems. Afterward, depending on the final recommendations, we can assist you in implementing any suggested changes, including:
- Updating key documents, such as employee manuals and employment applications, job descriptions, etc.
- Training sessions with managers and supervisors on recent developments in employment which directly affect their responsibilities
- Diversity training at key work sites or problem areas
- Designing employee evaluation systems
- Revamping or developing user-friendly disciplinary forms that document key information to substantiate adverse employment actions
- Drafting manuals for supervisors that provide ongoing guidance in areas such as hiring, firing, retaliation, and disability accommodations
- Training employees regarding sexual, racial, and other harassment, violence, and safety
Retirement, Deferred Compensation, and Employee Benefits
SCA understands the complexities involved in retirement, deferred compensation, and employee benefit planning. We guide you through all types of benefits and executive compensation arrangements, including plan design and administration, litigation, and corporate transactions.
Our attorneys provide a wide range of services, including:
- Retirement plan arrangements
- Estate planning
- Pension, profit-sharing and 401(k) cash and deferred compensation arrangements
- Compliance and administrative services
- Preparation of annual reports
- Non-qualified deferred compensation plan arrangements
- Stock appreciation and phantom stock plan arrangements
- Stock option program arrangements