Non-Contentious Matters
Guidance to HR and senior management with regards to all employment law matters, policy development and training as they relate to and affect business decisions. Recommend and help implement appropriate action for problem resolution. Draft HR policies, employment and separation agreements. Act as in-house legal counsel for small and mid-sized businesses in workplace law and general commercial issues. Specific matters include:
- Teamed with publicly traded NY-based international cosmetics firm to effectively structure and execute strategy to reduce 85% of workforce in Puerto Rico.
- Conducted employment due diligence for the leading Hispanic food distributor to successfully complete purchase of manufacturing division from Fortune 500 company. Matters included- reviewing and assessing all contracts to determine the employer’s rights and obligations; assessing labor agreements, wages and benefits; providing legal opinions on sensitive issues.
- Developed rigorous employment policies and preemptive strategies for 32-store company to assure legal compliance, reduce risks and meet business objectives.
- Counseled boards of directors on employment issues involving their CEO’s, including drafting of contractual agreements with trade secret and non-compete provisions.
- Advised bank on workplace law issues affecting purchase of competing institution.
- Prepared and reviewed employment policies, handbooks, contracts, non-disclosure and non-compete provisions for international consulting practice establishing operations in Puerto Rico.
- Conducted preventive audits and risk assessments, overhauling hiring, disciplinary and discharge processes; created investigation protocols.
- Designed & deployed for leading dairy the tactical and legal response to two-week violent strike; coordinated security, and evidence for NLRA labor charges.
- Structured successful union avoidance activities engaging in over 12 NLRB-directed elections.
- Acted as lead labor law attorney on numerous union contract negotiations.
- Advised on the closing of a manufacturing operation with two sites and several collective bargaining agreements.
- Drafted numerous employment contract, clauses, policies, procedures and handbooks including codes of ethics, investigations, leaves, disciplinary procedures and substance abuse policies.
- Conducted audits to evaluate employment policies, forms, and wage and hour classifications to ensure compliance with laws and regulations.
- Developed procedures to protect confidential information, competitive advantages and goodwill from unfair competition by current and former employee.
- Conducted training programs for managers in key legal issues related to internal labor relations, equal employment opportunity, retaliation, documenting discipline and performance issues, sexual harassment , along with updates on labor and employment law developments.
Contentious matters
Litigated from filing response to conclusion thousands employment claims; completed dozens of bench trials, 400+ labor arbitration (wage & hour, discipline, discharge and general collective bargaining grievances) with an overall 85% success rate for employers including the following highlights:
- Successfully defended more than ten ADEA/ERISA/COBRA lawsuits in federal court for large companies engaged in retail, healthcare, banking and insurance services.
- Successfully defended 20+ age, sex, wrongful discharge and breach of contract lawsuits for leading companies in the hospitality, manufacturing and industrial sectors.
- Obtained $1 million fraud judgment against board member of financial institution.
- Removed 300K in fines levied by Labor Dept. for wage & hour violations to client with a twenty-four outlet retail operation.
- Successfully litigated numerous cases before the National Labor Relations Board including petition for elections, unit clarification and unfair labor charges.
- Prevented USDA efforts to close meat wholesaler; negotiated favorable settlement.
- Successfully litigated discrimination and retaliation claim on behalf of medical care facility resulting in plaintiff’s early voluntary dismissal of causes of action in U.S. District Court.
- Reported cases: Auxilio Mutuo, 976 F 2d 724 (1992); SJH Ctr v. PRF, 133 DPR. 488, (P.R).