"One cool counsel is worth a thousand hasty judgments. The thing to be supplied is light, not heat."
-President Woodrow Wilson
|
Areas
of Focus
Workplace Counselor assists employers in identifying legal issues, building
a solid defense, meeting compliance requirements, and developing best
practices – practices which preserve management rights while honoring
the workplace laws. For more information, please contact us.
Click on an area to read more:
Alternative
Dispute Resolution
The last decade has seen an
unprecedented degree of increase in employee lawsuits. As a result,
many employers are considering utilizing in-house programs for handling
complaints and resolving disputes without litigation.
Workplace Counselor advises employers in all aspects of alternative
dispute resolution:
• Designing and evaluating dispute resolution procedures
• Training management
• Coordinating implementation
• Defending the enforceability of such programs
back
to top
Disability
Management
The Americans with Disabilities
Act, Washington Law Against Discrimination, the Pregnancy Discrimination
Act, and the Family and Medical Leave Act have significantly changed
the landscape of employer obligations to employees who cannot work due
to injuries or illnesses. We have extensive experience guiding clients
through this Bermuda Triangle of laws and defending employers against
legal challenges to disability management decisions before courts and
administrative agencies. Workplace Counselor offers clients solutions
to the difficult legal and operational problems involved in managing
employee absences and requests for accommodations. As employers evaluate
leave, accommodation, and return to work requests, Workplace Counselor
provides guidance at every step, from communicating with employees and
their health care providers to determining the appropriate response
to the specific situation at hand.
We work closely with our clients to:
• Learn their business and the impact an accommodation might have
on them
• Develop workplace safety programs
• Draft policies concerning leaves of absence and reasonable accommodation
and related issues
• Guide managers in responding to requests for leave and accommodations,
while preserving management rights
back
to top
Drug
Testing and Abuse Management
To assist employers with safety
and substance abuse management objectives, Workplace Counselor advises
clients concerning the legal issues and requirements imposed by federal,
state and local laws and regulations. We prepare and review management
policies to ensure compliance with the myriad of applicable legal requirements
and regulations covering drug testing and substance abuse programs.
Workplace Counselor assists clients with:
• Assessing specific situations
• Making "reasonable suspicion" determinations
• Gauging methods of "random" testing
• Determining appropriate disciplinary measures for policy violators
Ms. Van Moppes also drafts “last chance” agreements for employees who
agree to enter treatment and rehabilitation programs. Finally, we advise
and represent employers who oppose claims for unemployment compensation
following termination for a positive drug test.
To help clients with the growing problem of workplace violence, Ms. Van Moppes guides clients through situation assessment and management as well as facility and personnel risk assessment, management training, and policy and procedure analysis.
back
to top
Litigation Avoidance
Preventative
maintenance is a cost-effective, time-saving means of avoiding workplace
litigation. The best approach to preventing disputes, and the best defense
to charges and lawsuits, is the maintenance of lawful and up-to-date
workplace policies and practices that are effectively communicated and
fairly and consistently applied.
Workplace Counselor partners with our clients to understand their business,
its culture and its managers. We are thus an accessible resource for
the prevention of workplace issues. We draft policies and handbooks
that recognize the objectives of management and the needs of employees.
We counsel managers and supervisors on the application, enforcement,
and documentation of these policies.
back
to top
Litigation
Every
employer runs the risk of facing employment litigation based upon federal,
state or local workplace laws. The majority of Ms. Van Moppes’s
experience has been devoted to defending management in employment-related
lawsuits, the fastest growing area of civil litigation. She has defended
a vast array of employment cases in the past ten years, including:
• Discrimination
• Sexual harassment
• Wage and hour violations
• ERISA violations
• Wrongful discharge
• Defamation
• Breach of contract
• Intentional torts
• Emotional distress
• Unfair competition
• Trade secrets
Ms. Van Moppes has the expertise to assess risk and evaluate settlement
early in litigation. Her ability to dispose of cases efficiently before
trial through aggressive motion practice, and during trial to present
cases in a manner persuasive to judges and juries, has earned her a
reputation as a local leader in the field of employment litigation on
behalf of management.
back
to top
Management Training
Ms.
Van Moppes has built her practice and reputation by helping clients
reduce employment litigation through management education on legal trends,
judicial developments, and statutory and regulatory compliance. Workplace
Counselor maintains management training programs on diversity, avoiding
sexual harassment, and complying with the Americans with Disabilities
Act and the Family and Medical Leave Act. We regularly conduct educational
conferences nationwide for in-house attorneys and human resource professionals
on a wide range of issues.
As part of our management education efforts, Workplace Counselor offers
an email update service free to clients who appreciate online delivery
of substantive workplace law issues and management education opportunities.
To enhance our client communications about workplace law developments
and trends, we maintain our web site, www.workplacecounselor.com,
to make readily available information on legal developments and trends
in workplace law, information about our practice, and announcements
about upcoming employment law conferences, seminars, and other events.
back
to top
Trade Secrets, Non-Competition Agreements and Non-Solicitation Agreements
Ms.
Van Moppes has a proven track record of helping employers protect themselves
from unfair competition. In addition to working with clients to develop
comprehensive trade secret protection programs, our preventive services
include:
• Drafting non-competition agreements, non-disclosure agreements,
assignment of invention agreements and similar documents
• Preparing executive and individual employment agreements
• Conducting audits of trade secret protection issues
• Consulting on electronic information retention and security
policies
• Training employees on policies regarding confidential information,
non-competes and the like
When preventive efforts fail, Workplace Counselor aggressively litigates
claims including claims for breach of non-competition agreements, theft
of trade secrets, breach of fiduciary duty, employee raiding and unfair
trade practices.
back
to top
Wage and Hour Compliance
Recent
revisions to the Fair Labor Standards Act and the dramatic growth of
multiple plaintiff and class action lawsuits under federal and state
laws have made wage and hour law an even greater concern for employers.
Workplace Counselor guides employers in compliance with federal and
state laws governing:
• Independent contractor status
• Entitlement to overtime or other premium pay
• Calculation of overtime pay
• Recordkeeping obligations
• Payment of and withholding of vacation, personal or sick pay
We assist employers with the creation and administration of practices
that comply with wage-hour and paid time off requirements, including:
• Developing, reviewing, revising, and auditing wage and compensation
policies
• Assisting with proper classification of exempt, nonexempt and
independent contract workers
• Structuring commissions, bonuses, incentive payments and other
compensation programs
• Reviewing overtime pay calculations
Through the development of effective strategies, Workplace Counselor
helps employers minimize the cost of legal compliance, and, when necessary,
defends employers in administrative and judicial proceedings.
back
to top
|
