Employment Practice Group
The attorneys in the Diserio Martin Employment Practices Group counsel and represent individuals and businesses, from small closely held entities to large public companies, in all aspects of the contemporary employment relationship. Our comprehensive services include the negotiation and enforcement of employment contracts and restrictive covenant agreements, the development and enforcement of policies and procedures consistent with human resources best practices, guidance in dealing with employee discipline and termination issues, ensuring compliance with federal and state wage and hour and anti-discrimination laws, and in prosecuting and defending the myriad of claims that arise in the law of the workplace. Our goal is to best position our clients to be compliant with the law, avoid litigation where possible, and to guide them effectively and efficiently through the legal process when claims do arise.


Employment Litigation
An employee lawsuit claiming illegal discrimination, sexual harassment or a wrongful termination presents a significant distraction and financial drain to a business. Attorneys in the Diserio Martin Employment Practices Group have a proven record of success in mitigating these effects through creative and efficient handling of employment claims, including the following:
  • Employment discrimination, both before federal and state administrative agencies and in court.
  • Sexual harassment claims.
  • Age discrimination litigation.
  • Disability discrimination and failure to accommodate under the Americans With Disabilities Act.
  • Termination or retaliation claims under the Family Medical Leave Act (FMLA).
  • Wrongful discharge, including qui tam and whistle blower claims.
  • Employment contract claims.
  • Wage and hour claims.
  • Enforcement of restrictive covenants, including non-compete, non-solicitation and confidential information agreements.
  • Litigation of trade secret claims


Employment Policies and Practices
While Diserio Martin attorneys actively and effectively litigate employment claims, we recognize that counseling our clients to adopt proactive and preventive employment strategies is much more cost effective for them in the long run. Our employment law attorneys provide comprehensive counsel and guidance in all aspects of the employment relationship to ensure adherence to the law, prevention of lawsuits where possible and, in the event litigation cannot be avoided, to best position our clients for a successful outcome. We counsel our clients in such matters as:
  • Development and enforcement of employment policies consistent with HR best practices.
  • The negotiation and preparation of employment contracts, including those for C Suite employees and senior management
  • Conduct of state mandated sexual harassment awareness and prevention training
  • Investigation and response to employee complaints, including sexual harassment and disability discrimination.
  • Executive compensation and equity participation issues.
  • Comprehensive guidance through reductions-in-force and plant closings.
  • FLSA audits, including worker classification and other wage and hour issues.
  • Employee discipline.
  • Development of employee codes of conduct and ethics rules.


Non-Competes, Restrictive Covenants and Trade Secret Protection
At Diserio Martin, we recognize the critical value to our clients’ businesses represented by their customer relationships, confidential information and trade secrets, developed through the investment of tremendous time, effort and resources. We guide our clients in such industries as telecommunications, technology, professional services, manufacturing, hospitality, finance and healthcare in the development and enforcement of restrictive covenants properly tailored to optimally protect their valuable relationships, confidential information and trade secrets. These services include the careful drafting and proactive enforcement of confidentiality, non-compete, non-solicitation and trade secret agreements. They also include the defense of our clients and, at times their key employees, against restrictive covenant claims brought by former employers or competitors. Our litigation experience includes creative use of the complete panoply of litigation resources including temporary restraining orders, and temporary and permanent injunctions where appropriate.