Employment

Collaborative law can address both the financial and human dimensions of an employment law dispute and produce creative, win-win solutions that cannot be obtained in court.

All employment disputes present opportunities for successful collaborative negotiation.

contracts of employment
noncompete and non-disclosure agreements
employment discrimination, ( e.g., age, sex, race, sexual preference and disabilities)
employment breach of contract, unpaid wages, wrongful dismissal

Preventive employment law advice on both the employees’ and employers’ behalf may result in an effective employment relationship, avoiding employment claims in the future. Likewise, the collaborative establishment and publication, of clear, consistent grievance procedures can help resolve employee disputes before they turn toxic.

Litigated employment disputes often require years to resolve, with substantial drain on the time and resources of the employer, and enormous impact in the lives of employees. Often the employer is represented initially by an in-house lawyer, while the employee may be initially unrepresented, creating an immediate power imbalance with a resulting suspicion to overcome in the negotiation process. If the parties enter into a collaborative law agreement, they can avoid the cost and delay associated with litigation, not to mention negative publicity (which can be harmful for both sides). Both sides can then focus on their underlying interests, in reaching compromise agreements instead of focusing on trial preparation, which tend to inflame the emotions and harden the positions of the parties.