Employment Law
Mr. Kaplan represents clients in a wide range of employment and professional practice matters. He handles disputes and litigation regarding federal and state discrimination laws, wage and hour issues, wrongful termination and retaliatory discharge claims, as well as provides counsel to companies, corporate and sales executives, employees, physicians, attorneys and other professionals and independent contractors.
He advises clients on the development, implementation and monitoring of policies on employment-relations; employee training, discipline and discharge; sexual harassment; workplace substance abuse; and family and medical leave compliance. He also negotiates employment contracts, termination agreements, independent contractor arrangements, restrictive covenants, non-competition and confidentiality agreements, and trade secret protection agreements.
In addition, he reviews and revises employee handbooks, and investigates and counsels clients regarding sexual harassment and discrimination claims.
EXAMPLES OF EMPLOYMENT AND PROFESSIONAL PRACTICE WORK
- Defended restaurant in lawsuit brought by former employee alleging wrongful discharge for allegedly terminating employee for refusing to work when ill.
- Defended building contractor and its owner in a trial alleging fraud and violation of Illinois Wage and Payment Act related to modification of Employment Agreement and wages.
- Represented employee involved in the gaming industry in claims of sexual harassment.
- Defended employment agency in Federal Court action alleging wrongful termination for discharging employee without allowing accommodations under the ADA.
- Represented consulting firm in actions alleging that consultants are not independent contractors under Illinois and Federal law.
- Represented restaurant chain in OSHA claims.
- Represented bakery in claims brought under the Illinois Wage Act Payment Act.
- Represent multinational companies in Title VII actions claiming race, gender and age discrimination; a postal worker in a case alleging race and gender discrimination; a corporate officer in a disability discrimination lawsuit; an international door and window manufacturer in a class action lawsuit involving “golden parachutes.”
- Counseling Illinois-based international corporations regarding compliance with the Americans with Disabilities Act; health care providers regarding discrimination issues related to genetic testing and predisposition to diseases; a national restaurant company regarding non-discriminatory hiring and discharge procedures; a national department store on issues related to hiring policies, the Illinois Human Rights Act, employee credit reports and discrimination issues.
- Defending an office supply company in wage discrimination claim; construction companies in federal court lawsuits filed by union trust funds under ERISA regarding claims for health and welfare contributions; a pizza restaurant franchisor against an employment agency's claim for a recruitment fee.
- Preparing drug-testing policies for pharmaceutical and international manufacturing companies.