Employment Law

Any business which has had to face the myriad laws and regulations affecting the employment relationship knows that the potential for liability is great, as is the difficulty in remaining abreast of current issues and requirements. Any employee who has faced wrongful termination or discrimination on the job knows how real those injuries can be. One side isn't always right, and both employers and employees require skilled representation to see that their interests are protected.

At James M Loots PC, we pride ourselves in keeping our clients informed of new developments in the law, as well as being available to offer the guidance and early intervention which can avoid or mitigate potential liability when a problem does arise. Our attorneys are experienced in the crafting of employment policies which will avert problems, as well as the litigation, mediation and arbitration processes which can assure a favorable outcome for employers if a problem does develop. This comprehensive general practice approach to employment law issues gives our clients the full benefit of our substantial experience in the interpretation and advocacy of employment issues, and of our thorough knowledge of the local, state, and federal tribunals which will hear and resolve these claims.

Employment Dispute Resolution. Our attorneys are experienced in the defense of employment claims arising from state and federal employment laws against Wage/Hour violations, workplace safety, wrongful discharge, and discrimination (Title VII, ADEA, ADA, D.C. Human Rights Act and others) before state and federal courts as well as the EEOC, D.C. Human Rights Commission, and other state and local adjudicatory bodies. We have handled dozens of employment claims through to adjudicatory resolution, as well as numerous matters resolved through mediation, negotiation and arbitration. Our principal, James Loots is the past chair of the D.C. Commission on Human Rights, and knows the law from the perspective of the decision maker as well as the advocate, lending important insight into case evaluation and strategy.

Management Training. James M Loots PC attorneys periodically prepare and conduct seminars for clients and others on emerging issues in the law, including employment law compliance and a host of other specialized issues. We have an ability to communicate effectively to our clients and their employees a solid practical understanding of the laws and regulations with which they must conform, often in an entertaining as well as informative way.

Administrative Claims. Many employers feel that the administrative claims raised before Wage/Hour and Unemployment Compensation examiners are minor matters which can be effectively ignored or handled themselves. While it is true that an employer does not need to retain counsel for such proceedings, the potential cost of a negative determination can be substantial. An average unemployment claim can cost an employer up to $7000. Wage/Hour claims, particularly those which may be violations of the Fair Labor Standards Act, can lead to criminal as well as civil liability. Our attorneys can represent employers at these hearings for a reasonable fee.

Employment Policy Review and Development. Our practice keeps us up-to-date on recent developments in the law, and we can advise as to proper policies, procedures, and forms for risk reduction and successful employee management.

Executive Compensation Agreements. We can assist in developing executive compensation and employment agreements which adequately safeguard company interests and provide for a cost-effective and tax-attractive method for deferred compensation, incentive bonuses, and other aspects of the executive level relationship.

Employee Separation and Confidentiality Agreements. We can assist in drafting separation and confidentiality agreements which will be enforceable and protect the employer's interests. Important aspects of separation agreements, with or without an underlying compensation agreement, include confidentiality and non-compete provisions, tax reporting issues, stock vesting, benefits preservation, and job references. Our attorneys are skilled negotiators in resolving these issues in a manner which will assure all parties a fair and enforceable agreement.

Wrongful Discharge Claims. Although severely limited in most jurisdictions, the separation from employment can also lead to liability for wrongful discharge. We can explore and, where appropriate, evaluate and defend policies and practices to minimize or eliminate claims of wrongful discharge, constructive discharge, "whistle blower" protections, breach of employment contract, and other actions related to wrongful termination of the employment relationship.

James M Loots is a Proud Member of the Society for Human Resource Management: