Our Services

DAY-TO-DAY LEGAL ADVICE ON COMPLIANCE ISSUES

Even employers with professional human resources departments need help in understanding and applying the broad range of state and federal laws and regulations to which they are subject. We regularly advise clients, through electronic newsletters, of new legal developments. We are also available in person, by phone or by e-mail to address specific issues as they develop. Helping you to be proactive in avoiding legal problems is the greatest service that we can provide.

COMPLIANCE AUDITS

Periodic reviews of employer policies, practices and forms are a good idea, to assure that you are in compliance with the ever-changing laws with which employers must comply. We can conduct these reviews and help you make the changes that are necessary to achieve compliance.

EMPLOYEE HANDBOOKS

Your Employee Handbook can not only provide you with certain legal protections; it can also help to create a positive employment atmosphere. We can help you draft or revise one that will both provide you maximum legal protection while helping to maintain a non-union environment.

DEALING WITH PROBLEM EMPLOYEES

When you are faced with the need to either investigate employee misconduct or administer corrective action after an investigation, we can help advise you on how to deal with the situation in such a way as to comply with your legal obligations and increase the likelihood of the discipline sticking.

DEFENSE OF EMPLOYMENT LITIGATION

Virtually every employer at some time will face a lawsuit from a current or former employee. We have successfully defended employers in such litigation for decades, and can help you if you are placed in the position of having to defend against employment claims.

NON-COMPETITION AND CONFIDENTIALITY AGREEMENT LITIGATION

We have both successfully prosecuted and defended against lawsuits to enforce non-competition agreements and confidentiality agreements.

REPRESENTATION BEFORE THE NLRB, MERC, EEOC, MDCR, AND MIOSHA

As in the case with litigation, you need experienced counsel to guide you through the administrative proceedings that you may face. We will be with you every step of the way. All of these agencies are ones with which we regularly deal.

ARBITRATIONS

We have presented hundreds of arbitrations for employers, winning the vast majority of them. The selection of an arbitrator, preparation of witnesses and exhibits, presentation of the case to the arbitrator and the writing of a persuasive brief are the steps we focus on in putting you in the best position to prevail.

NEGOTIATION OF COLLECTIVE BARGAINING AGREEMENTS

Unionized employers have to periodically bargain with the unions representing their employees. We have negotiated hundreds of collective bargaining agreements in all types of settings, dealing with all possible issues. Whether you face issues relating to benefit costs, overtime, management rights, or other issues, we have the experience and expertise to help you bargain contracts designed to allow you to operate efficiently.

TRAINING PROGRAMS FOR HUMAN RESOURCES PERSONNEL, SUPERVISORS AND MANAGERS

As quickly as laws change and as much as lawsuits can cost you, it is critically important to be sure that your managers and supervisors are up-to-date on their legal rights and obligations as employers and employer representatives. We do on-site programs designed to provide the necessary information in a positive way.

CRISIS MANAGEMENT

We have helped clients deal with embezzlements, INS raids, acts of workplace violence, and many other unanticipated crises. These require immediate action that we are prepared to take.

UNION AVOIDANCE

We will help you create a workplace environment in which employees will understand that they are better off without an outside representative, by working with you to develop positive policies and by training supervisors and managers how to effectively administer those policies and deal with employees. Employee surveys, designed to find out where you are doing well and what you need to do better to maintain a union-free status, may be conducted. In more than two decades of handling representation elections, we have prevailed more than 90% of the time by teaming with on-site consultants to make sure that your employees are given the information they need to vote intelligently, and by doing this in a positive, legal manner.

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550 W. Centre Avenue · Portage, MI 49024 · Phone: 269.488.6330 · Fax: 269.488.6333 · Email: stclair@mccarthysmithlaw.com