Employment Litigation + Dispute Resolution

Miller Canfield attorneys have testified before U.S. Congressional committees and represent employers before the National Labor Relations Board, the Equal Employment Opportunity Commission, the Michigan Employment Relations Commission and other labor and employment tribunals and agencies. Members of the group practice before state and federal courts every day, representing the interests of our employer clients.  Our clients value our ability to negotiate resolution of employment disputes as readily as  we bargain labor agreements.   

Administrative Proceedings

We represent clients before all manner of administrative agencies including the EEOC and state civil rights agencies, OSHA, the federal and state Departments of Labor, and the U.S. Immigration and Naturalization Service.

Alternative Dispute Resolution (ADR)

With the increased cost of protracted litigation, the use of out-of-court dispute resolutions, common in the union context, are gaining increased favor in the nonunion setting.  Our attorneys have developed substantial expertise in drafting arbitration clauses for employee handbooks, handling mediations and arbitrations, and conducting mini or summary trials in class actions. 

Arbitrations

We regularly handle all aspects of the administration of collective bargaining agreements, including advising employers on grievance issues as they arise and representing private and public employers at arbitrations.  In addition, with our long-time experience in labor arbitration under collective bargaining agreements, we are particularly well-equipped to represent clients in arbitrations pursuant to their own nonunion, in-house ADR policies and procedures.

Class Actions

We have extensive class action experience, on a national level, in the employment arena.  We have been lead counsel on several very large and highly visible class actions involving Mitsubishi, Kmart, Martin Marietta, DTE Energy, and others.

EEO Litigation

Miller Canfield attorneys have extensive experience in handling all types of EEO litigation.  Our attorneys have counseled and represented employers in hundreds of individual discrimination suits in both state and federal courts throughout the country.  In addition, we have handled numerous class actions and EEOC Commissioner’s Charge actions.  One member of the department was lead counsel in the largest age discrimination class action ever filed.  Members of the department were recently lead counsel in a major commissioner’s charge action in which the Court dismissed all claims for back pay.

ERISA

Our attorneys are  experienced litigators who focus on defending employers in pension and benefit claims arising under ERISA and are knowledgeable about issues such as pre-emption and §510 claims.  These attorneys work closely with Miller Canfield colleagues in the firm’s Tax Department to provide expert assistance on all issues of ERISA compliance, tax planning, and tax administration.

NLRB (and MERC) Proceedings

We represent employers before the NLRB on the range of issues that come under that agency’s jurisdiction, including representation hearings and the defense of unfair labor practice charges.  Of course, we offer the same services to clients before the state counterpart agency, the Michigan Employment Relations Commission (MERC).

OSHA and MIOSHA Proceedings

Members of the department have participated in major standards-setting proceedings involving health hazards and have represented employers that have been cited for violations of OSHA and MIOSHA.

Tort Claims

With increasing frequency, the plaintiffs’ bar is including tort claims with wrongful discharge or discrimination claims.  These include claims for defamation, invasion of privacy, intentional infliction of emotional distress, and the like.  We have developed extensive experience in defending against such claims, as well as counseling clients on how to avoid such claims in the first instance.

Wrongful Discharge

All of our attorneys are experienced in handling wrongful discharge and breach of contract claims and have a thorough working knowledge of this evolving area of law.

Other services include representation and counsel on:

            Unemployment Benefits Hearings

            Workers’ Compensation