We can help you assess your exposure to potential employment litigation or vigorously defend you should litigation ensue

Overview

Employers throughout the United States rely on Parsons Behle & Latimer’s employment litigation defense attorneys based on our long history and depth of experience in successfully defending employment lawsuits, charges and administrative actions. Our employment attorneys represent business clients in lawsuits before state and federal trial courts, in appeals before state and federal appellate courts and before various administrative agencies such as the Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL), State Discrimination Agencies (such as the Utah Antidiscrimination and Labor Division), State Unemployment Agencies, Worker’s Compensation Agencies and other proceedings involving employment and workplace claims. We also represent clients in mediations and arbitrations according to employment agreements, collective bargaining agreements, private agreements and court-referred ADR.

Our employment litigators routinely obtain dismissal by summary judgment in cases involving all types of statutory and common law claims brought by employees. Our collaborative approach with our clients who have been sued by a current or former employee or been served with a charge from an administrative agency ensures an effective and cost-effective representation. Our experienced litigators bring their extensive substantive and procedural knowledge to ensure that our clients’ matters receive effective representation. We approach our work with our clients as a partnership, encouraging openness, feedback and common goal setting.

Team

Key Contacts

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Experience

Obtained Election Law Injunction

During the pandemic, secured an injunction in an election law matter that extended the time to request an absentee ballot for a primary election. At this time, the only way to request a ballot was online, and the website on which the request had to be made was inoperable days before the request deadline.

Nichols v. Jacobsen Construction Co., 2016 UT 9, 374 P.3d 3

On an issue of first impression in Utah, persuaded Utah Supreme Court in Nichols v. Jacobsen Construction Co., 2016 UT 9, 374 P.3d 3, that general contractor’s contractor-controlled insurance program entitled the contractor to immunity from injured worker’s tort suit under Utah law.

Defeated Proposed Litigation

Defeated proposed legislation for multiple clients during the 2021 Idaho legislative session.

Capabilities

Unlawful Harassment & Discrimination Defense

Defense experience for every situation – Parsons Behle & Latimer’s employment attorneys have successfully defended a wide range of employers against harassment and discrimination claims as well as related claims of retaliation. We defend against charges and complaints based on race, religion, sex, age, national origin, disability, sexual orientation and pregnancy in administrative proceedings, federal and state courts as well as arbitration and grievance hearings.

Our employment litigation attorneys also counsel employers about how to avoid such suits in the first place by working to develop and implement policies and procedures to prevent harassment, discrimination and retaliation charges and complaints. We offer on-site and video-conferencing training, investigations into allegations of harassment and discrimination, and advice regarding the policies and procedures employers must maintain to minimize exposure to these claims.

Fair Labor Standards Act Claims and Class Actions Defense

Employment law specialization where it matters – The employment litigation attorneys at Parsons Behle & Latimer have defended employers against allegations of violations of the Fair Labor Standards Act, which requires employers to pay a minimum wage and overtime pay, to demonstrate that the employers complied with the governing law and properly compensated employees.

Our experience with collective actions defense of claims under the FLSA is grounded in our comprehensive understanding of employment laws and collective action procedures. Our attorneys have successfully enforced and defended arbitration policies, allowing employers to obtain dismissal of collective actions.

Non-compete Agreements

Legal guidance aimed at protecting your business interests - Parsons Behle & Latimer’s employment litigation team regularly represents employers seeking enforcement of noncompete and nonsolicitation covenants and confidentiality or nondisclosure agreements. Our attorneys are experienced in obtaining temporary restraining orders and preliminary injunctions against former employees who have improperly taken, and are using or disclosing, confidential client or customer lists, trade secrets and other valuable confidential business information.

We advise clients on how to avoid litigation where possible and how to successfully pursue litigation quickly and efficiently if necessary.

Union Grievances

Build bridges with unions while protecting your interests – Parsons Behle & Latimer's employment litigation attorneys regularly represent unionized employers in grievance mediations and arbitrations. We assist our clients with fostering management-labor relations to protect the employer’s interests while recognizing the benefits of maintaining a productive working relationship with unions. We negotiate collective bargaining agreements on behalf of our clients and guide responses to picket lines, lockouts, strikes and other unionized employee campaigns.

Breach of Executive Contracts

Effective defense against claims for breach of contract by disgruntled employees –Parsons Behle & Latimer's employment litigators have a track record of successfully defending employers against breach of executive contract actions brought by former employees. Our litigators are experienced in all aspects of litigation. We are proud of our trial record as well as our ability to dispose of cases through strategic use of dispositive motions. 

Insights