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Employment Law

The Ross Law Firm represents both employers and employees in litigation and non-litigation matters.

Preventative Services
Employee lawsuits can be devastating to a business. Of course, the business might have to pay the cost of a judgment or settlement. Regardless of whether the employer ultimately prevails, however, it will have spent attorneys’ fees. In addition, time spent dealing with employee claims can cause substantial disruption of business, loss of productivity, and decrease in the morale of non-litigant employees. That’s why the Ross Law Firm is a strong believer in the axiom, “An ounce of prevention is worth a pound of cure.” Toward that end, the Firm works closely with its clients to ensure that they are in compliance with applicable state and federal laws that exist for the employees’ protection and routinely provides these preventative services:

• Strategies, preparation and negotiations relating to
  - employment contracts
  - restrictive covenants (such as non-competition agreements and non-solicitation agreements)
  - severance agreements
  - confidentiality agreements
  - personal service contracts
• Design, audit and/or refining of employee handbooks (employment policy manuals)
• Consultation regarding employment practices, such as
  - hiring practices
  - conducting interviews
  - employee training
  - discipline
  - layoffs
  - vacations, timesheets, overtime
  - employee complaints and disputes
  - discharge
• Preventative and remedial training (educating clients and client personnel to recognize and understand legal issues) related to sexual harassment and other types of unlawful discrimination
• Investigation of complaints of sexual harassment and other types of unlawful discrimination
• Counseling in anticipation of or resolving employment-related claims or disputes

In addition, other employment–related issues may arise in the workplace and necessitate consultation on an as-needed basis:

• Counseling regarding independent contractors
• Consultation regarding controversial issues, such as
  - workplace substance abuse and employee drug testing
  - internet use, office email and employee privacy
• Establishing or auditing legal compliance programs (such as family and medical leave compliance) and other compliance issues
• Counseling regarding wage and hour issues and disputes (e.g., paid time off, back pay, overtime)
• Consultation regarding departing employees, including
  - confidentiality
  - protection of trade secrets and other intellectual property
  - predeparture duty of loyalty

In this latter connection, Mr. Ross published an article in the Maryland State Bar Association Section of Labor and Employment Law Newsletter, concerning the fiduciary duty of loyalty, and what it means to the employee who is leaving to work for a competitor or to start a competing business.

		WHAT CLIENTS ARE SAYING: ...[A]fter 2 years of facing daily humiliation and degradation near the end of 30 years of dedicated service to my employer, I filed a [sex] discrimination suit. Right away, Dave Ross significantly strengthened my case when he recognized that my disability was more of a factor than my gender. He amended the case accordingly, and we pursued the case through the various stages, including interviews with the Equal Employment Opportunity office. Dave Ross helped me apply for disability retirement, which was awarded. With Dave in my corner, it was more like the trust and confidence you have with a brother, knowing he will go all out to do his best for you. - B.R.

Other Services
Finally, the Firm counsels and represents individuals with questions or claims pertaining to the above employment-related issues.

To explore further how the Ross Law Firm can help to protect the security of your business and prevent liability in employment matters, or if you have questions concerning your rights as an employee, please contact us.

Employment-Related Litigation & Dispute Resolution
Notwithstanding our focus on preventing or minimizing employer-clients’ exposure to costly litigation and administrative employment-related claims, we stand ready to litigate vigorously on our client’s behalf when an employment dispute cannot be resolved successfully.

Mr. Ross has represented both employers and employees with regard to the following claims:

• wrongful discharge
• unlawful discrimination
• sexual harassment
• non-payment of overtime wages
• wrongful termination
• retaliatory discharge claims

Indeed, the unique, dual nature of his experience -- gained through zealously advocating on behalf of both employers and employees -- inures to the benefit of all potential employment law litigants. When representing management, the experience gained from having represented employees provides insights that are extremely useful in defense of the claims. Guiding an employee through the difficult process of prosecuting an employment claim is likewise enhanced by the perspectives gained from having represented management. The evaluation of a case and advice offered to any litigant regarding the possibilities for success at trial or resolution is, of course, considerably buttressed by virtue of having some insight into how the same types of opposing parties approach litigation and evaluate similar types of claims.

In addition to the above, the Ross Law Firm handles the following employment-related claims in litigation and arbitration:

• claims arising under the Americans with Disabilities Act (ADA)
• claims arising under the Family Medical Leave Act (FMLA)
• violations of restrictive covenants such as non-compete agreements, non-solicitation agreements, and confidentiality agreements

Finally, the Ross Law Firm works to protect its clients' interests and to resolve employment-related disputes through

• Settlement negotiations (before or after filing suit), and
• Representation at mediation.

Dave Ross is a member of the Metropolitan Washington Employment Lawyers Association.

Please contact us for more information on how the Ross Law Firm can put its employment law experience to work for you.

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