Employment & labor Defense?

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Employment & labor Defense?

Postby Anonymous User » Wed Jul 19, 2017 6:56 pm

I have an offer from a midlaw firm law that has a employment & labor defense group. I don't know much about the area, so would like to hear from folks who do. What is your average day like? Is the work interesting or tedious, would this set me up for good in-house exit options, etc

sparty99

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Re: Employment & labor Defense?

Postby sparty99 » Wed Jul 19, 2017 7:36 pm

Employment law is interesting, you are dealing with people, termination, discrimination. The cases can sometimes seem petty as you are basically an extension of Human Resources and are dealing with people who got fired for poor performance and are now alleging race discrimination. However, some cases will certainly have merit and there was an actual discrimination, etc.

Employment easily transfers into an in-house position. You could possibly transfer up to an even bigger firm after you have gain the experience in L&E.

wwwcol

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Re: Employment & labor Defense?

Postby wwwcol » Wed Jul 19, 2017 7:39 pm

sparty99 wrote:Employment law is interesting, you are dealing with people, termination, discrimination. The cases can sometimes seem petty as you are basically an extension of Human Resources and are dealing with people who got fired for poor performance and are now alleging race discrimination. However, some cases will certainly have merit and there was an actual discrimination, etc.

Employment easily transfers into an in-house position. You could possibly transfer up to an even bigger firm after you have gain the experience in L&E.


Don't forget about the FLSA actions (overtime and minimum-wage claims)

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SmokeytheBear

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Re: Employment & labor Defense?

Postby SmokeytheBear » Wed Jul 19, 2017 7:41 pm

At least for employment law, the law isnt very intellectually stimulating. The facts of the cases are always "interesting" in the same way that the facts of your friends' personal lives are interesting in that they provide you with risk free drama. Opposing counsel tends to be more obnoxious than opposing counsel in complex civil litigation, as you're dealing with plaintiffs attorneys.

RaceJudicata

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Re: Employment & labor Defense?

Postby RaceJudicata » Wed Jul 19, 2017 8:08 pm

wwwcol wrote:
sparty99 wrote:Employment law is interesting, you are dealing with people, termination, discrimination. The cases can sometimes seem petty as you are basically an extension of Human Resources and are dealing with people who got fired for poor performance and are now alleging race discrimination. However, some cases will certainly have merit and there was an actual discrimination, etc.

Employment easily transfers into an in-house position. You could possibly transfer up to an even bigger firm after you have gain the experience in L&E.


Don't forget about the FLSA actions (overtime and minimum-wage claims)


And ERISA (although, I suspect a smaller shop isn't handling much ERISA work). Also, there are some huge differences between labor work and employment work. Employment work translates better to in house...as unions are a dying breed.

mall_cop

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Re: Employment & labor Defense?

Postby mall_cop » Wed Jul 19, 2017 8:36 pm

I concur with the previous posters: the law itself is not as intellectually stimulating, but some of the facts are enough to make your hair curl. The work breaks down into a few buckets.

One is discrimination: Title VII (race, sex, national origin discrimination), Americans with Disabilities Act, Age Discrimination in Employment Act, the withered husk of the Equal Pay Act. Another is wage & hour claims under the Fair Labor Standards Act: unpaid breaks, 'donning and doffing' cases, and independent contractor misclassification. And beyond that, ERISA work (snooze), whistleblower claims (fun!), and noncompete/nonsoliciation enforcement (stressful because they often require emergency filings!).

Generally, class action claims are much more interesting in the discrimination and wage & hour arenas, and single plaintiff claims in those areas tend to be for peanuts so often are settled for nuisance value. Personally, I think independent contractor misclassification is an interesting/evolving/expanding area of the law as the gig/sharing economy grows.

Jay2716

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Re: Employment & labor Defense?

Postby Jay2716 » Wed Jul 19, 2017 9:01 pm

SmokeytheBear wrote:At least for employment law, the law isnt very intellectually stimulating. The facts of the cases are always "interesting" in the same way that the facts of your friends' personal lives are interesting in that they provide you with risk free drama. Opposing counsel tends to be more obnoxious than opposing counsel in complex civil litigation, as you're dealing with plaintiffs attorneys.


I do a split of employment work and general lit. Opposing counsel, which at least half the time is some combination of incompetent, aggressive, and unethical, is definitely the worst part of employment work for me.



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