EPLI / Employment Law – Defense & Compliance

The employment lawyers at Silverman Shin & Schneider PLLC understand that best workplace practices, effective compliance, and intelligent risk avoidance of employee-related claims are key enhancements to the operations of a productive business. Our philosophy is that business resources are most wisely invested and reinvested back into the business for prevention and sustainability on the front end, not expended out to defense of employment practices claims on the back end when cost control is less predictable. We value our relationships with our clients, and we want to serve your business needs for the long term, not the short term, so we can earn, and keep, your trust.

Litigation drains resources. When a dispute or claim does arise despite best avoidance practices, early evaluation and cost containment are crucial. We defend claims vigorously, and we do so in a way that balances practical business needs without compromising our aggressive approach and integrity. We are strong proponents of alternative dispute resolution, such as mediation, as a valuable tool of early resolution. We appear routinely in federal and state courts at the trial and appellate levels, and also before federal and state administrative fair employment practice agencies, including the EEOC, NYSDHR, NYCCHR, and NJDCR. While a very small percentage of employment practices claims survive the gauntlet of proportionate tailored discovery, early resolution efforts, and (if necessary) well-timed motions, the seasoned trial lawyers of Silverman Shin & Byrne  collectively bring decades of trial experience to the table to defend a case at trial. Our broad range of experience defending Employment Practices Liability (EPL) and other employment claims includes:

  • discrimination based on race, national origin, age, disability, gender/sex, sexual orientation, pregnancy, transgender, marital status, veteran status, and criminal background
  • whistleblower retaliation
  • family and medical leave
  • breach of non-compete agreements and other restrictive covenants
  • misappropriation of trade secrets and other confidential information
  • breach of contracts and employee handbooks
  • wage and hour violations

Preventive compliance benefits a business through decreased claims and increased employee morale and retention. To assist with compliance, we provide counseling for management on day-to-day issues, including hiring decisions, disciplinary actions, promotions, demotions, compensation, leaves of absence, workplace complaints, harassment, restructuring, wage/hour pay and classifications, employee agreements, independent contractor agreements, noncompete agreements, protection of proprietary information, and separations from employment. We also prepare policies and handbooks, conduct audits of best practices, and offer guidance and training for internal workplace investigations by human resources or supervisory personnel.

We collaborate closely with in-house counsel, human resources personnel, and D&O/EPLI carriers to craft defense strategies and solutions that are smart, practical, and realistic. We recognize the importance of remaining mindful of the wide-lens “bigger picture” in a claim landscape to protect the client’s interests: seeing the dynamics and interrelationships among clients, vendors, business partners, insureds, claim analysts, underwriters, and brokers. We know that prompt responsiveness and notice of developments to clients and carriers are essential to business productivity, team collaboration, client satisfaction, and, at the end of the day, a strong successful defense.