At Arnold and Kadjan, we provide creative litigation approaches that are responsive to the needs of our clients.
Our litigation department consists of lawyers who have concentrated in representing individuals and labor organizations in prosecuting and/or defending virtually every kind and type of labor and employment litigation. Our lawyers understand unions and labor people. We know that favorable results are not enough; they must be attained in an efficient and cost-effective manner. This philosophy carries through to the side of the practice that pursues an individual’s personal injury actions and workers compensation claims as a natural progression of our union and ERISA fund work. We strive to offer a complete service for the labor organization and its members.
Our attorneys’ substantial experience allows us to quickly and efficiently identify issues and develop responsive strategies. Rather than waiting for the eve of trial, we promptly evaluate, in consultation with our client, how a case can best be resolved, whether by settlement, pretrial motion or after a trial, and whether the process should proceed formally in court or informally through one of the many forms of alternative dispute resolution available. We make this evaluation in a manner consistent with each client’s goals and continue the evaluation at every state of the litigation.
Employment decisions sometimes pose a risk that a judge or jury might misunderstand the basis for the decision and attribute it to one that is improper or illegal. One of the roles of our litigation department is to apply our experience and insight to help evaluate these risks and then minimize them.
We have handled matters in state and federal courts at the trial and appellate levels throughout the country. We also appear before administrative agencies and represent labor in private arbitration. The types of issues we have litigated include:
- Individual’s Personal Injury Actions
- Individual’s Workers Compensation Claim
- Breach of Contract
- Breach of Loyalty & Fiduciary Duty
- Civil Rights Claims
- COBRA Claims
- Collective Bargaining Agreement Issues
- Commission Disputes
- Compensation Issues
- Confidentiality Agreements
- Covenants Not to Compete/Non-Solicitation Agreements
- Defamation and Employee Reference Issues
- Department of Labor Audits – State and Federal
- Department of Labor Election Reruns and Investigation
- Employment Contracts – Oral, Written and Implied
- Employment Discrimination
- ERISA Collection, Fiduciary Duties, Withdrawal liability and
- Benefit Claims and Contributions
- Infliction of Emotional Distress
- Injunctive Relief over Unlawful Picketing and Strikes, NLRB 10(j) actions
- Intentional Interference with Contract
- Leave of Absence Issues – FMLA, Veteran Reemployment Act, etc.
- Negligent Hiring, Supervision and Retention Claims
- Occupational Safety and Health Act
- Plant Closing Statutes (WARN Act)
- Prevailing Wage Claims (Davis-Bacon)
- Privacy Claims
- Promissory Estoppel and Other Quasi-Contract Theories
- Sexual Harassment
- State and Federal Constitutional Claims (i.e. handbilling, free speech, bannering)
- State and Federal Wage and Overtime Issues
- Trade Secrets
- Wrongful or Retaliatory Discharge cases