Berry Moorman

Labor and Employment

Labor and Employment

Every employment decision, from recruiting to hiring to reductions in force crosses a wide spectrum of legal issues. Berry Moorman has a number of lawyers who assist our clients in this broad field. In these matters, we represent management exclusively.

We provide on-going counsel with regard to specific incidents as well as in the drafting of personnel policies and procedures, employment agreements, employment applications, immigration issues, confidentiality and non-compete agreements, severance and termination agreements and other employment documents.

When management is faced with charges of discrimination, wrongful termination or other employee claims, we are prepared to assist in a resolution and, if not, to represent our clients vigorously in court, administrative and arbitration proceedings. Our Michigan employment attorneys are proud that we have assisted our clients in some of the most significant cases in this important area, including:

  • Appearing before the Michigan Supreme Court to change the law to prohibit employees from receiving a double recovery in discrimination claims;
  • Establishing an employer’s right covertly to observe an employee suspected of malingering.
  • Validating, in the U.S. 6th Circuit Court of Appeals, as a valid business decision, an employer’s right to implement a mass lay-off during a union organizing campaign.
  • Establishing the right of employers to refer applicants with preexisting epilepsy, diabetes, back or heart problems for certification pursuant to the Michigan Vocational Rehabilitation Act in defense of a prospective employee’s claim that such a reference violates the Michigan Handicappers’ Civil Rights Act.
  • Preventing the NLRB from overturning an employer victory in a union organizing drive because of a campaign tactic used by the employer on the day of the vote.
  • Upholding, in a federal court lawsuit brought by the EEOC, the right of an employer to terminate an employee who refused to provide a Social Security or other taxpayer identification number on the basis of religious beliefs.
  • Sustaining the discharge, in a federal court jury trial, of an employee claiming FMLA leave, while failing to follow policies relating to attendance, which the employer had negotiated with her union.
  • Defeating, in the U.S. 6th Circuit Court of Appeals, a WARNA claim filed by more than 300 workers who lost their jobs in a plant closing.

In merger and acquisition situations, we participate with management in the due diligence process by examining the labor and employment practices of the parties. Our Michigan employment lawyers provide counsel to the parties in order to find ways to implement their desires with respect to the continuation or termination of existing relationships and practices. We also assure that our clients fulfill their obligations under COBRA, the Michigan Employment Security Act, WARNA, ERISA and other federal and state regulations and statutes impacting the transaction.

Our Michigan labor attorneys consult with employers on deflecting and responding to union organizing activities, including representation elections, decertifications, unfair labor charges, and other proceedings before the National Labor Relations Board and its state counterpart.

For those clients who have employees represented by a labor union, our Michigan labor lawyers provide the full range of services including negotiation of the collective bargaining agreement (including, in some cases, acting as principal spokespersons for the employer), day-to-day administration of the operating agreement and the invocation of discipline thereunder, and representation and counseling during the grievance and arbitration process.

Related Publications

Employees Taking Their Company Paid Education to Their Next Job–Not So Fast! by Andrea M. Pike (March 2016)

Are Opponents of “E-Cigarettes” in the Workplace Just Blowing Smoke? by Randolph T. Barker (December 2014)

Use of Criminal Background Checks * The EEOC’s “Guidance” and Attempts to Regulate * A Court’s Decision That The EEOC Statistics Are “Scientific Dishonesty” by Sheryl A. Laughren (August 2013)

Family Medical Leave Act (FMLA) and Military Leave by Robert W. Morgan (March 2009)

Proposed Changes Affecting H-2B Nonimmigrant Workers and Employers by David M. Foy (October 2008)

Michigan Minimum Wage Set To Increase July 1st, 2008 by David M. Foy (June 2008)

Amendment to Statute Regarding Military Service Members; FMLA: Labor Department Proposes New Regulations (March 2008)

Juggling the Requirements of Michigan and Federal Minimum Wage Laws: Are Your Posters Up To Date? by Randolph T. Barker (December 2007)

“Continuing Violations” Doctrine Discontinued Under Michigan Civil Rights Law by Robert W. Morgan (October 2005)