Legal Assistance in Employment Relationships
You have employees. We have employment lawyers trained to guide you through the laws and
regulations that govern employment relationships. We can help you avoid foreseeable employment
landmines and cost-effectively resolve the unforeseeable ones. We’re here to partner with you, whether
you face simple everyday practice questions or full-blown litigation. We’ve seen the issues and we know
the law. We can help with practical legal advice informed by a pragmatic business perspective.
Below is a general list of areas in which we can assist you with your employment relationships:
The Hiring Process: Job Listings, Descriptions,
Advertisements, and Hiring Issues
•
Interviewing policies
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Use of skills tests, fitness tests, physical
strength/agility tests, polygraphs, etc.
•
Drug testing (both pre-employment and
random)
•
Physical and medical exams (pre-employment
and during employment)
•
Employment applications/questionnaires,
prohibited inquiries
•
Background checks, criminal record checks and
inquiries (pre-employment and access to
records)
Consumer Credit Reports
•
Reference checking
•
Use of probationary period
•
Fraudulent inducement issues
•
Employment agreements, noncompete
agreements (drafting and enforcement)
Contracts
•
Employment Agreements
•
Separation and Severance Agreements
(noncompete, confidentiality, and references
provisions)
•
Consulting Agreements
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Confidential Disclosure and Invention
Assignment Agreements
•
Noncompete Agreements
Competition and Confidentiality
•
Drafting agreements to protect business
information, relationships and property
•
Enforcement and defense of noncompete
obligations, including negotiation, legal actions,
restraining orders, preliminary injunctions and
full length litigation
Compensation Issues
•
Salary, bonus, equity participation, perquisites
•
Private enurement and presumption of
reasonableness
Training
•
On-site or off-site customized training on any
employment issue for employees and
managers
•
Sexual Harassment Prevention Training
Disciplinary Actions
•
Documentation of performance and disciplinary
issues
•
Application of discipline policies
•
Negligent hiring and negligent retention issues
Terminations
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Dismissal procedures
•
Severance
•
Wrongful discharge and retaliatory discharge
claims
•
RIFs
•
WARN Act issues
Preparation and Maintenance of Employee Files
•
Personnel files (contents and access)
•
Confidentiality of personal and medical
information
•
Document retention policies
•
Evaluations
Handbook Drafting, Review, Interpretation and
Enforcement
•
At-will employment
•
Attendance policies
•
Holidays, vacation, leaves (FMLA, military, jury
duty, voting, pregnancy, school leave, etc.)
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USERRA Compliance
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Compensatory time
•
Benefits
•
Safety policy
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Drug and Alcohol policies and testing
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Violence policies
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Work from home policies
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Confidentiality policies
•
Non-discrimination and anti-harassment
policies
•
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Equal Employment Opportunity (ADA, ADEA,
Title VII)
Conduct in the work place
Privacy issues
Use of equipment, electronic communications
Grievance policies, disciplinary policies and
procedures
Evaluations
Termination
Immigration
•
Hiring/Eligibility issues (H-1Bs, Ls, Es, TNs,
etc.)
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Visas and permits
•
I-9 audits
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“Greencard”/permanent resident status
•
Naturalization
Fair Labor Standards Act
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Classification of employees as exempt or nonexempt
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Salary and hourly pay issues
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Minimum wage and overtime policies
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Wage and Hour complaints and investigations
Safety Laws
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OSHA, state plans, right-to-know laws,
smoking laws
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Safety policies
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Industry-specific standards
Employment Issues in Mergers and Acquisitions
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Due diligence on employment liabilities and
risks
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WARN Act issues associated with plant closings
Claims By Employees against Employers
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Workers' Compensation
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Statutory claims (federal and state)
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Torts (defamation, negligence, wrongful
retention, etc.)
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Alternative Dispute Resolution
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Settlement issues
Employees' Breach of Duty to Employer
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Misrepresentation, fraud
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Competition, breach of loyalty
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Fiduciary duties of employees, officers,
directors, trustees
Litigation Risk Management
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Workplace investigations
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Risk assessment and damage control
Unemployment Compensation
•
Employment Security Commission procedures,
hearings and appeals.
Employment Practices Liability Insurance
Required Postings (Wage and Hour, Equal
Employment Opportunity, OSHA)
Temporary Employees, Independent Contractors,
Consultants
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Contract drafting
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Indemnification issues
•
Applicable policies and procedures
Notice Requirements and Impact on Employees
Resulting from Environmental Issues
Our employment law team provides advice, drafting and representation with respect to all the varied issues our clients
face in the modern workplace. We work in partnership with our clients to provide pragmatic guidance, savvy risk
management, and effective policies and agreements. We are experienced in litigating a wide variety of matters and
take pride in resolving work force disputes in an expedient and cost-effective manner.
This bulletin is published as a service to clients and others interested in employment issues. The information provided
herein is general in nature and should not be relied upon as legal advice as to specific factual situations.
Employment Law Practice Group
Amie Flowers Carmack
Andrew M. Habenicht
Felicia Washington Mauney
Russell F. Sizemore
919.743.7318
704.331.7594
704.331.7466
704.331.7514
Beverly A. Carroll
Glenn E. Ketner, III (“Bo”)
Daniel J. Palmieri
Shannon S. Spainhour (“Missy”)
704.331.7586
704.331.7580
919.743.7317
704.331.7411
Kennedy Covington is one of the largest law firms in the Carolinas with offices in Charlotte, Raleigh, Research Triangle
Park, Columbia and Rock Hill. Our attorneys use their diverse experience and knowledge to counsel clients in varied
industries such as banking and finance, real estate, technology, health care, manufacturing, and the services sector.
At Kennedy Covington, we give more than a legal opinion; we provide a business perspective.
Hearst Tower, 47th Floor
214 North Tryon Street
Charlotte, NC 28202
704-331-7400
4350 Lassiter at North Hills Avenue
Suite 300
Raleigh, NC 27609
919-743-7300
2
City Plaza Building
140 East Main Street, Suite 220
Rock Hill, SC 29730
803-329-7600