Employer-Employee Relations

The laws impacting the employer-employee relationship have increased in number and become more complicated every year. Our Employer-Employee Relations Practice Group advises employers on how to properly comply with federal and state laws and regulations affecting all employment decisions. We also offer sound advice to help prevent problems before they occur. In addition to assisting employers, we have represented employees in the employee-employer relationship on many occasions. In conjunction with our longstanding relationship and representation of statewide professional and business trade organizations, we have intervened in cases involving labor relations disputes, insurance law affecting labor practices, and other issues affecting the business and insurance industries.

We perform a host of services in the preventative area. For example, we assist clients through expert training programs and in-house seminars on all aspects of employment policies and procedures. We assist employers in drafting and implementing employment policies and procedures in conformity with federal and state laws and regulations. We will conduct audits to confirm the client's employment policies and practices are in compliance with applicable law and regulations. We provide advice to employers on terminations, discipline, and response to harassment and discrimination complaints. We assist employers' management teams in designing training programs and employee manuals. We conduct supervisor and management training to prepare these personnel to make informed and wise decisions that will help to protect both the employer and the employees. We assist clients in their compliance with federal and state laws governing creation of a drug-free workplace. Also, with a view toward keeping our clients out of court, we keep them up to date with the latest proposed legislation affecting their business and workforce.

In defending claims, we represent employers in litigation before federal and state courts, and before federal agencies, including the Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB). We are experienced in handling jury trials as well as matters before private arbitrators. Wherever possible in court litigation we seek an early termination of the case through motions to dismiss or for summary judgment. We seek to perform an early and objective evaluation of each claim to assist our clients in determining the most desirable and economical means of handling the matter.

Our Employer-Employee Relations Practice Group has a wealth of experience in the area of Workers' Compensation. We represent both insurance companies and self-insured companies. We work closely with employers to assist them in developing and implementing effective claims handling and monitoring procedures. We advise employers regarding their rights and responsibilities toward injured workers. We conduct in-house and on-site seminars on worker's compensation issues, and specific topics such as risk avoidance and medical management.

We have vast experience and familiarity with laws governing the employee-employer relationship, including the following:

• Age Discrimination in Employment Act (ADEA)
• Americans with Disabilities Act (ADA)
• Consolidated Omnibus Budget Reconciliation Act (COBRA)
• Employee Retirement Income Security Act (ERISA)
• Fair Labor Standards Act (FLSA)
• Health Insurance Portability and Accountability Act of 1996 (HIPPA)
• Labor Management Relations Act (LMRA)
• National Labor Relations Act (NLRA)
• Occupational Safety and Health Act (OSHA)
• Rehabilitation Act of 1973
• Tennessee Handicapped Discrimination Act
• Tennessee Human Rights Act (THRA)
• Tennessee Maternity Leave Act (TMLA)
• Tennessee Occupational Safety and Health Act (TOSHA)
• Tennessee Workers' Compensation Act
• Title VII of the Civil Rights Act
• Wage and Hour laws

Many of the cases that have been litigated by the attorneys in our Employer-Employee Relations Practice Group have been reported by the national publications. Here is a sampling of the reported cases of this group:

Suggs v. Servicemaster, 72 F.3d 1228 (6th Cir. 1995)
Winners Corp. v. Lafayette Life Ins. Co., 734 F. Supp. 812 (M.D. Tenn. 1989)
Bundren v. Peters, 732 F. Supp. 1486 (E.D. Tenn. 1989)
Carr v. UPS, 955 S.W.2d 832 (Tenn. 1997)
Sweeten v. Trade Envelopes, Inc., 938 S.W.2d 383 (Tenn. 1976)