Labor, Employment and Education Law

Employers of all sizes in both private and public sectors are plagued with a range of labor and employment issues. As courts and legislation expand employee rights, the risk of liability from even well-intentioned employment decisions increases daily. The Labor and Employment attorneys at Rome McGuigan, P.C. have extensive experience and success helping employers address these issues. We are equally at home in state and federal courts at all levels as well as before arbitrators and administrative agencies, but our most valuable service and our greatest success is in resolving problems before they become claims, and in advising our clients on ways to retain and exercise discretion in employment decisions.

Our clients include employers in manufacturing, construction, construction material manufacture and supply, real estate, entertainment, higher education, and various service industries - including health care and professional organizations - as well as public boards of education and municipalities. Because of our expertise, we are often retained by other law firms to represent them in connection with their own employment issues.

Our mission is to assist management in achieving its goals. Management is not in business to employ people, but rather employs people to do its business or carry out its statutory mandate. Therefore, we address each labor and employment issue promptly and economically. Our vigorous defense of claims and suits filed against our clients creates leverage for negotiation of favorable settlements. Whenever possible, it is our goal to enable our clients to concentrate on furthering their business interests and statutory responsibilities, instead of expending resources in defense of claims and suits.

Private sector clients served by our Labor and Employment Group include publicly and privately-held national and multi-national companies, as well as smaller, closely held, local and regional businesses. In addition, foreign companies have retained us to represent them in Connecticut and elsewhere in the United States. We have represented clients in federal labor and employment matters in locations throughout the country, including New York City, Buffalo, Erie, Boston, Detroit, Minneapolis, Philadelphia, St. Louis, San Francisco and Washington, D.C.

Both our private and public sector clients receive assistance from us on a range of employment issues including employment discrimination, sexual harassment, wage/hour, employment benefits/ ERISA, unemployment and workers' compensation, plant closing/downsizing, employee layoffs, terminations, discipline and discharge and claims under the Americans with Disabilities Act, Family and Medical Leave Act and Age Discrimination in Employment Act. We also provide day-to-day advice on labor contract and personnel policy administration.

For our Boards of Education and municipal clients, we have successfully guided them through the maze of statutory and regulatory processes for negotiating collective bargaining agreements (including interest arbitration proceedings), dealing with union election petitions, defending prohibited practice complaints and dealing with problem employees. In addition to Boards of Education and other public school departments, we represent private secondary schools, colleges and universities in connection with special education, tenure, search and seizure, affirmative action and students' rights, discipline and grading issues.

Labor and employment matters demand immediate attention. When a union is pounding on management's door, or an employee must be disciplined or discharged, management needs prompt and experienced legal counsel. You will find the Rome McGuigan, P.C. Labor and Employment Group prepared, accessible and responsive.

Labor Defense/Representation

• Organizing drives
• NLRB Representation
  • Election petitions
  • Union certification
  • Decertification/deauthorization
  • Unfair labor practice charges
• Litigation
  • Breach of labor contracts
  • Injunctions
  • Appeals (NLRB, U.S. Court of Appeals, U.S. Supreme Court)
• Collective bargaining
• Labor contract administration
• Employee discipline/firing
• Grievance processing, resolution, arbitration
• Labor disputes
• Municipal Employee Relations Act (MERA)
• Teacher Negotiation Act (TNA)

Employment (Union/Non-Union)

• Litigation before state and federal courts and equal opportunity agencies
• Defense against discrimination complaints/lawsuits (race, sex, age, disability, national origin, etc.)
• Sexual harassment complaints
• Wage/hour
• Employee layoffs, downsizing
• WARN Act issues
• Employee discipline/firing
• Family and Medical Leave Act
• Wrongful termination
• Personnel and policy manuals
• Workers' compensation/employment issues
• Unemployment compensation
• Drug testing
• Compliance counseling and training

Employee Benefits

• Pensions/retirement plans
• Health plans
• Profit sharing
• 401(k) plans
• Section 125 plans
• Multi-employer benefit plan liabilities
• ESOPs
• Executive compensation
• ERISA litigation

OSHA

• Safety, health inspections, investigations
• Defense of OSHA retaliatory discharge complaints

MSHA

• Mine safety/health administration inspections, investigations
• Representation of mine and quarry operators

Immigration