Employment Litigation
(Employers and Employees)
Another area of James, House, Swann & Downing, P.A.’s law practice involves employment law issues and the representation of both employers and employees depending on the circumstances. With respect to employers, the Firm has experience in counseling to instruct compliance with and handling litigation relating to, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act, the Family Medical Leave Act, the Title VII of the Civil Rights Act of 1964, the Arkansas Civil Rights Act, and other employment-related laws. The Firm also has experience in assisting former employees in litigating claims against employers for violations of these laws and wrongful discharge in general.
We have experience in dealing with the Equal Employment Opportunity Commission (EEOC) and the Department of Labor (DOL).
The Firm’s experience does not only extend to pre-litigation counseling and litigation in the Federal and State Courts but also includes handling the filing and defense of claims with Federal and State agencies such as the Equal Employment Opportunity Commission (EEOC). James, House, Swann & Downing P.A. handles prosecution and defense of discrimination claims and wrongful discharge actions, but can also review personnel policies and procedures and handbooks for legal compliance. We regularly litigate cases relating to, and can likewise draft or review, covenants not to compete, covenants not to solicit customers, and confidentiality agreements, among other types of restrictive covenants between employers and employees.
Finally, James, House, Swann & Downing P.A. handles “whistleblower” claims for both employers and employees pursuant to Federal and State laws that protect employees, who under certain circumstances might “blow the whistle” or report to the Government that their employers are allegedly breaking the law. Such employees may not be fired, mistreated, or retaliated against for this whistleblowing so long as the employee has a reasonable basis for their belief that the activity was illegal, even if the employer did not actually violate any law. These claims are often brought under the Federal False Claims Act or their State counterparts.
Please contact us if we can be of assistance.