PRACTICE AREA
Employment problems rarely begin with a lawsuit. They begin when a manager wants to terminate an employee, an accommodation request becomes complicated, a leave issue creates operational challenges, a whistleblower complaint is received, or concerns arise about an executive’s conduct.
Dorwart serves as outside employment counsel to businesses, financial institutions, manufacturers, publicly traded companies, nonprofit organizations, and other employers facing the day-to-day challenges of managing a workforce.
Many law firms become involved only after litigation begins. Dorwart’s role is often much broader. We work alongside HR professionals, executives, and business leaders every day, helping them make better employment decisions, reduce legal risk, strengthen workplace policies, and resolve problems before they become claims. That practical, day-to-day partnership is one of the reasons clients rely on us as their trusted employment counsel.
Employment law requires balancing legal risk with practical business realities. We help clients navigate difficult workplace issues in ways that are legally sound, operationally practical, and aligned with their business objectives.
Many clients call before taking action because they want to understand the risks, evaluate their options, and make informed decisions before a problem escalates into litigation.
Dorwart has advised many companies conducting a reduction-in-force (“RIF”). Dorwart advised one company undertaking a significant RIF involving numerous employees within protected classifications, which presented elevated litigation risk. The company faced the challenge of reducing its workforce while minimizing the risk of discrimination claims, EEOC charges, and wrongful termination litigation.
Working closely with management and human resources personnel, Dorwart helped develop a defensible and consistent workforce reduction strategy, including employee selection criteria, severance programs, and waiver-and-release agreements that include proper notice periods and, where applicable, proper ADEA disclosures regarding decisional units. The process was structured to balance risk mitigation with the company’s financial and operational objectives.
The reduction in force was completed successfully without litigation. Just as importantly, the company was able to navigate a difficult business decision with confidence, supported by a clear process and experienced legal guidance.
Successfully defended a publicly traded company against allegations involving executive misconduct that resulted in a complaint seeking seven-figure damages before a federal agency. Following a prompt internal investigation and response, the matter was dismissed.
Conducted a confidential investigation for the board of directors of a private company involving whistleblower allegations against a senior executive and provided findings that enabled the board to take informed action.
Conducted a sensitive workplace investigation involving allegations of sexual harassment by a senior executive and provided the board with a comprehensive factual assessment and recommendations.
Successfully defended executive whistleblower retaliation claims brought under the Sarbanes-Oxley Act before the U.S. Department of Labor. A former executive claimed that his termination was an act of improper retaliation. Dorwart conducted a swift and sensitive internal investigation and filed a strong response to the claim. Five days later, the DOL found that there was insufficient merit for the claim to continue.
Obtained injunctive relief on behalf of a financial institution against a former employee who misappropriated confidential information and solicited clients.
Obtained summary judgment for a financial institution on a former employee’s claim of sex discrimination by a co-worker.
Advised employers through employee reclassification projects under the Fair Labor Standards Act, helping avoid wage-and-hour litigation while improving compliance.
Assisted multi-state employers with wage-and-hour compliance, paid leave requirements, and other employment law obligations across numerous jurisdictions.
Negotiated separation agreements ranging from modest severance arrangements to six-figure executive departures.
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