Mark is co-chairperson of the firm’s Employment and Labor practice team. Mark helps his employer clients avoid disputes through preventative practices, policies and training, and advocates for them in litigation when disputes cannot be avoided.
Capabilities
Biography
Mark practices employment law and commercial litigation in matters before state and federal courts, the Utah Labor Commission and Equal Employment Opportunity Commission. He was recognized by the Utah State Bar as the 2018 Labor & Employment Attorney of the Year. Mark litigates cases involving complex factual and legal matters, including employment discrimination, harassment and retaliation, breach of fiduciary duty, covenants not to compete, solicit, or disclose confidential information, interference with contract, trade secrets and defamation. Mark has tried cases before state and federal courts and before the Adjudication Division of the Utah Labor Commission. He has also argued cases to the Utah Supreme Court, the Utah Court of Appeals and to the United States Tenth Circuit Court of Appeals. Most importantly, Mark helps his clients avoid litigation by daily counseling on employment law problems, developing preventative practices and policies and providing regular inhouse training.
Mark is an experienced independent investigator. He has conducted dozens of fact investigations involving matters of alleged harassment and abuse, discrimination and retaliation. Mark regularly trains HR professionals and others on how to conduct effective investigations.
Mark also volunteers as the Director of Legal Affairs for the Utah SHRM State Council and as Co-Director of Legal Affairs for Salt Lake SHRM. Mark is a regular presenter at SHRM events and provides a monthly Ask a Lawyer webinar for members of Salt Lake SHRM.
Experience
Representation in FMLA and ERISA Employment Dispute
Served as legal counsel for a major banking corporation in an employment dispute involving FMLA and ERISA claims. Secured partial summary judgment on FMLA claims and dismissal of all ERISA claims, with only a small lost wage claim remaining for trial.
Strategic Defense in Multi-State Employment Litigation
Served as legal counsel for a health services company in complex employment litigation spanning multiple jurisdictions. Successfully obtained attorney fees and transfer of venue back to the original jurisdiction after plaintiff's voluntary dismissal and refiling in another state. Handled motions to dismiss and sever in a case involving multiple plaintiffs and numerous employment claims.
Successful Defense in ADA Discrimination and Retaliation Case
Served as legal counsel for a technology company in a discrimination and retaliation lawsuit filed by a former employee under the Americans with Disabilities Act. Successfully obtained summary judgment on all claims in the U.S. District Court for the District of Utah, advancing significant employer defense theories in discrimination and retaliation cases.
Accomplishments
Academic
University of North Carolina at Chapel Hill (J.D., with honors, 2004)
Weber State University (B.S., summa cum laude, Economics, 2001)
Professional
Utah Business Magazine's Utah Legal Elite, Labor and Employment
Recognized in Chambers USA, Labor & Employment - Utah, 2017 - 2024
Recognized in Best Lawyers in America
Mountain States Super Lawyers (Employment & Labor)
Business Today's "Top 10 Labor & Employment Lawyers Impacting Utah's Business Landscape"
2015 "Outstanding Mentor Award," Utah State Bar
Associations
Professional
Member, Society for Human Resource Management (SHRM)
Director of Legal Affairs, Utah State SHRM Council
Co-Director of Legal Affairs, Salt Lake Chapter of the Society for Human Resource Management (SHRM)
Community
Weber State University Business Advisory Council
Insights
Articles
Employment Law Update, August 15, 2024
Complying with Utah’s House Bill 55: Drafting enforceable non-disclosure and non-disparagement clauses in employment and severance agreements
Employment Law Update, March 14, 2024
Employment Law Update, September 28, 2023
Employment Law Update, April 27, 2023
Workplace Violence Protective Order Amendments Signed into Law Through Persistent Lobbying Efforts of Parsons Attorney Mark D. Tolman
Congress Passes the Speak Out Act, Outlawing the Use of NDAs to Silence Victims of Sexual Harassment and Assault
Employment Law Update, June 29, 2022
Presentations
Quiz Game: Test Your Knowledge of Recent Legal Developments
Parsons Behle & Latimer's 2024 Montana Employment Law Seminar
Handbook Updates – 2024 Policy Pointers and Pitfalls
Handbook Updates: 2024 Policy Pointers and Pitfalls
2024 Employment Law Update
Salt Lake SHRM’s Annual Chapter Meeting
SE Idaho SHRM Half-Day Employment Law Conference
Conducting Effective Workplace Investigations
Parsons Attorneys to Present at SHRM Annual Employment Update
Everything You Want to Ask Your Lawyer But Are Afraid to Ask
Common Mistakes and Horror Stories
2022 Legislative and Regulatory Update
Key Employment Laws Every New HR Professional Must Know
Everything You Want to Ask Your Lawyer But Are Afraid to Ask
The ADA, FMLA and Other Leave Essentials
Emerging Employment Law Issues and Trends for Municipal Employers
Credentials
Licensed
Utah
Idaho
Wyoming
Education
University of North Carolina School of Law
